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SOUTHERN PACIFIC TRANSP. CO. v. REDDEN

Civ. No. 75-1009.

458 F.Supp. 593 (1978)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Burlington Northern, Inc., a Delaware Corporation, Union Pacific Railroad Company, a Utah Corporation, and Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a Wisconsin Corporation, Plaintiffs, v. James A. REDDEN, Attorney General of the State of Oregon, Defendant, United Transportation Union, Intervening Defendant.

United States District Court, D. Oregon.

September 15, 1978.

Attorney(s) appearing for the Case

Michael J. Lilly, Portland, Or., for plaintiff Southern Pacific Transportation Co.

Randall B. Kester, Portland, Or., for plaintiff Union Pacific Railroad Co.

Roger J. Crosby, Portland, Or., for plaintiff Burlington Northern, Inc.

James E. Nelson, Seattle, Wash., for plaintiff Chicago, Milwaukee, St. Paul and Pacific Railroad Co.

Rhidian M. M. Morgan, Asst. Atty. Gen., Salem, Or., for defendant.

Ann Morgenstern, Portland, Or., for intervening defendant.

OPINION and ORDER

BURNS, District Judge:

Several railroad companies bring this action for declaratory and injunctive relief. They contend that a 1975 Oregon statute is unconstitutional or preempted by the federal law governing railroads.1 The action must be dismissed for lack of jurisdiction because it doe not present a justiciable "case or controversy."2

Plaintiffs are railroad companies...

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