SOUTHERN PAC. TRANSP. v. ST. CHARLES PAR. POL. JURY

Civ. A. No. 80-1544.

569 F.Supp. 1174 (1983)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Missouri Pacific Railroad Company, Illinois Central Gulf Railroad Company and Louisiana & Arkansas Railway Company, National Railroad Passenger Corp., Intervenor, v. ST. CHARLES PARISH POLICE JURY.

United States District Court, E.D. Louisiana.

June 27, 1983.


Attorney(s) appearing for the Case

Raymond J. Salassi, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Southern Pacific Transp. Co.

J. Barnwell Phelps and Dodge Hobson, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for Missouri Pacific R. Co.

H. Martin Hunley, Lemle, Kelleher, Kohmeyer & Matthews, New Orleans, La., for Illinois Cent. Gulf R. Co.

Guy C. Lyman, Jr., Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, La., for Louisiana & Arkansas Ry. Co.

Abbott J. Reeves, Gretna, La., for St. Charles Parish Police Jury.


WICKER, District Judge.

This is a suit to enjoin the enforcement of a parish ordinance limiting the speed of trains transversing the Parish of St. Charles, Louisiana to 25 mph or less on the grounds that the ordinance in question makes no contribution to safety and unconstitutionally interferes with the movement of goods and passengers in interstate commence in violation of the Commerce Clause.

This matter was tried to the Court on a former date. On the morning...

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