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CIVIL CITY OF SOUTH BEND, IND. v. CONRAIL

No. 3:95-CV-29RM.

880 F.Supp. 595 (1995)

CIVIL CITY OF SOUTH BEND, INDIANA and Civil City of Mishawaka, Indiana, Plaintiffs, v. CONSOLIDATED RAIL CORP., Grand Trunk Western Railroad Corp., and National Railroad Passenger Corp. a/k/a Amtrak, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

February 14, 1995.

Attorney(s) appearing for the Case

Jeffrey M. Jankowski, South Bend, IN, for City of South Bend.

John P. Gourley, Mishawaka City Atty., Mishawaka, IN, for City of Mishawaka.

Harold Abrahamson, Michael C. Adley, Abrahamson Reed and Adley, Hammond, IN, for Consolidated Rail Corp.

Robert J. Konopa, Ann-Carol Simons, Konopa and Murphy P.C., South Bend, IN, for Grand Trunk Western R.R. Corp.

Harold Abrahamson, Michael C. Adley, Abrahamson Reed and Adley, Hammond, IN, Jeffrey Moon, Nat. R.R. Passenger Corp., Washington, DC, for National R.R. Passenger Corp. (Amtrak).

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause came before the court on February 10 for final hearing pursuant to Fed. R.Civ.P. 65(b) on the motions for preliminary injunction filed by the plaintiff cities and one of the defendant railroads, and on the cities' amended complaint for declaratory judgment. At issue are ordinances passed by the two cities prohibiting the sounding of train whistles or horns at specified railroad grade crossings...

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