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GRAFTON AND UPTON R. CO. v. TOWN OF MILFORD

No. CIV.A.03-40291-NMG.

337 F.Supp.2d 233 (2004)

GRAFTON AND UPTON RAILROAD COMPANY, Plaintiff, v. TOWN OF MILFORD, Defendant.

United States District Court, D. Massachusetts.

February 27, 2004.

Attorney(s) appearing for the Case

Michael B. Flynn, Richard A. Davidson, Jr, Flynn & Associates PC, Quncy, MA, for Plaintiff.

Gerald Moody, City of Milford, Milford, MA, for Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

In this motion for declaratory and injunctive relief, the Plaintiff Grafton and Upton Railroad Company ("GU") seeks a declaration that the Interstate Commerce Commission Termination Act of 1995, Pub.L. No. 104-88, 109 Stat. 803 (1995)("ICCTA") preempts state and municipal law as applied to the railroad. The GU also seeks to enjoin the Town of Milford from taking any action to assert or enforce its Zoning By...

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