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LOUISVILLE & N. R. CO. v. SULLIVAN

Civ. A. No. 79-0485.

471 F.Supp. 469 (1979)

LOUISVILLE & NASHVILLE RAILROAD CO., Plaintiff, v. John M. SULLIVAN et al., Defendants.

United States District Court, District of Columbia.

June 18, 1979.

Attorney(s) appearing for the Case

Dennis G. Lyons, James R. McAlee, S. Mark Tuller, Andrew Butz, Washington, D. C., for plaintiff.

John Oliver Birch, Asst. U. S. Atty., Washington, D. C., for defendants.

MEMORANDUM OPINION

GESELL, District Judge.

Louisville & Nashville Railroad Co. ("L&N") has requested the Court to enjoin the operation of an emergency safety order ("Order") which was issued by the Administrator of the Federal Railroad Administration ("FRA") on February 7, 1979, under 45 U.S.C. § 432 without notice or a prior hearing and which substantially affects the Railroad's functions. L&N has moved for summary judgment and injunctive...

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