LOUISVILLE & N. R. CO. v. SULLIVAN

No. 79-1697.

617 F.2d 793 (1980)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY, v. John M. SULLIVAN, Administrator, Federal Railroad Administration et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

As Amended April 4, 1980.


Attorney(s) appearing for the Case

Ronald R. Glancz, Alice L. Mattice and Raymond K. James, Washington, D.C., were on the appellants' motion for stay pending appeal.

Dennis G. Lyons, David H. Lloyd, Mark J. Spooner, Charles H. Cochran and Andrew Butz, Washington, D.C., were on the appellees' opposition to the motion for stay pending appeal.

Before MacKINNON, ROBB and WILKEY, Circuit Judges.


Opinion PER CURIAM.

Dissenting opinion filed by Circuit Judge WILKEY.

PER CURIAM:

On February 7, 1979 the Federal Railroad Administration issued Emergency Order No. 11 which characterized the entire 10,600 miles of track of the Louisville and Nashville Railroad as a single facility and, on the basis of its "current" safety record with respect to the transportation of hazardous materials, restricted the speed of any train carrying hazardous materials...

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