The STATE of Ohio, Appellee,
v.
CSX TRANSPORTATION, INC., Appellant.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted April 28, 2021.
Decided August 17, 2022.
Attorney(s) appearing for the Case
David W. Phillips, Union County Prosecuting Attorney, and Samantha M. Hobbs, Assistant Prosecuting Attorney, for appellee.
Winston & Strawn, L.L.P., and Andrew E. Tauber; Mayer Brown, L.L.P., and Evan M. Tager; and Shumaker, Loop & Kendrick, L.L.P., Terrance K. Davis, and Nicholas T. Stack, Toledo, for appellant.
Dave Yost, Attorney General, Benjamin M. Flowers, Solicitor General, and Zachery P. Keller, Deputy Solicitor General, urging affirmance for amicus curiae Ohio Attorney General Dave Yost.
Gallagher Sharp, L.L.P., Joseph J. Santoro, and Richard C.O. Rezie, Cleveland, urging reversal for amicus curiae Ohio Railroad Association.
Burns White, L.L.C., and Colleen A. Mountcastle, Cleveland; and Kathryn D. Kirmayer and Daniel Saphire, urging reversal for amicus curiae Association of American Railroads.
Kennedy, J., announcing the judgment of the court.
{¶ 1} In this discretionary appeal from a judgment of the Third District Court of Appeals, we are asked whether R.C. 5589.21 is preempted by the Interstate Commerce Commission Termination Act (the "Termination Act"), 49 U.S.C. 10101...
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