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NORFOLK & WESTERN RY. v. P.U.C. OF OHIO

No. C2-87-766.

727 F.Supp. 367 (1990)

NORFOLK AND WESTERN RAILWAY COMPANY, Plaintiff, v. The PUBLIC UTILITIES COMMISSION OF OHIO, et al., Defendants.

United States District Court, S.D. Ohio, E.D.

January 2, 1990.

Attorney(s) appearing for the Case

Daniel A. Brown, Diane C. Reichwein, Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiff.

Robert S. Tongren, James B. Gainer, William L. Wright, Asst. Atty. Gen., Public Utilities Section, Columbus, Ohio, for defendant, Public Utilities Com'n.

Mark A. Adams, Greiser, Schafer & Blumenstiel, Columbus, Ohio, for defendant, Co-operative Legislative Committee Brotherhoods & Railroad Unions, State of Ohio.

MEMORANDUM OPINION

GRAHAM, District Judge.

Plaintiff Norfolk and Western Railway Company (N & W) is an interstate rail carrier which owns and operates railroad bridges in the State of Ohio. In March of 1987, the Public Utilities Commission of Ohio (PUCO) ordered N & W to provide walkways and railings for trainmen along at least one side of two N & W bridges located in Medina, Ohio and Akron, Ohio. This order was based upon the provisions of ...

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