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NORFOLK SOUTHERN RY. CO. v. CITY OF HAPEVILLE

Civ. No. 1:91-cv-2819-ODE.

779 F.Supp. 601 (1991)

NORFOLK SOUTHERN RAILWAY CO. and Central of Georgia Railroad Co. v. CITY OF HAPEVILLE.

United States District Court, N.D. Georgia, Atlanta Division.

December 4, 1991.

Attorney(s) appearing for the Case

Burt DeRieux, Keith J. Reisman, Branch, Pike, Ganz & O'Gallaghan, Atlanta, Ga., for plaintiffs.

Frank E. Coggin, Office of Frank E. Coggin, College Park, Ga., for defendant.

ORDER

ORINDA D. EVANS, District Judge.

This action seeking declaratory and injunctive relief from a city ordinance is before the court on Plaintiffs' motion for a preliminary injunction.

Plaintiffs in this action are railroad companies which operate trains within the City of Hapeville. On February 7, 1989, Defendant City of Hapeville ("City") adopted an ordinance prohibiting the blowing of train whistles and horns within its corporate limits except...

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