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

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

417 F.Supp.2d 171 (2006)

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

United States District Court, D. Massachusetts.

February 14, 2006.

Attorney(s) appearing for the Case

Richard A. Davidson, Jr., Michael B. Flynn, Flynn & Associates, PC, Quincy, MA, for Grafton and Upton Railroad Company, Plaintiff.

Gerald Moody, Gerald M. Moody, Town Counsel, Milford, MA, for Town of Milford, Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

In the present case, the plaintiff Grafton and Upton Railroad Company ("Grafton") seeks a declaration by this Court 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 rail-road and its plans for developing its rail-yard in Milford, Massachusetts. The defendant Town of Milford ("the Town") moves...

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