SOUTHERN PACIFIC TRANSP. CO. v. TOWN OF BALDWIN

Civ. A. No. 87-1078 "L".

685 F.Supp. 601 (1987)

SOUTHERN PACIFIC TRANSPORTATION CO., et al. v. The TOWN OF BALDWIN, et al.

United States District Court, W.D. Louisiana, Lafayette-Opelousas Division.

July 28, 1987.


Attorney(s) appearing for the Case

John G. Swift, Lafayette, La., for plaintiff Southern Pacific Transp. Co.

Peter S. Craig, Washington, D.C., for plaintiff Nat. R.R. Passenger Corp. (AMTRAK).

Thomas C. Senette, Franklin, La., for defendants.


MEMORANDUM RULING

DUHE, District Judge.

This ruling addresses both the motion to dismiss filed by defendants and the motion for summary judgment filed by plaintiffs pursuant to Fed.R.Civ.P. 56. For the reasons that follow, the motion to dismiss is denied and the motion for summary judgment is granted.

FACTS

Plaintiffs seek declaratory and injunctive relief prohibiting enforcement of § 17.22(b) of the Baldwin Code of Ordinances. Adopted...

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