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LOUISVILLE & NASHVILLE R.R. v. KENTUCKY UTILITIES

No. 82-5606.

728 F.2d 281 (1984)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Plaintiff-Appellee, v. KENTUCKY UTILITIES COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1984.

Rehearing and Rehearing Denied March 29, 1984.

Attorney(s) appearing for the Case

Malcolm Y. Marshall, Stephen E. Embry, Louisville, Ky., C. Michael Loftus, argued, Kelvin J. Dowd, Washington, D.C., for defendant-appellant.

William D. Grubbs, John P. Sandidge, Woodward, Hobson & Fulton, Louisville, Ky., Fred R. Birkholz, argued, The Family Lines Rail System, Jacksonville, Fla., for plaintiff-appellee.

Before EDWARDS and JONES, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 29, 1984.

NATHANIEL R. JONES, Circuit Judge.

This case is presently before the Court upon Kentucky Utilities Company's (K.U.) appeal from an order of the district court granting summary judgment in favor of Louisville and Nashville Railroad Company (L & N). K.U. contends that the district court erred in applying § 214 of the Staggers Rail Act of 1980 retroactively to supersede without a hearing two general...

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