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CHESAPEAKE & OHIO RY. CO. v. CITY OF BRIDGMAN

No. K85-531 CA4.

669 F.Supp. 823 (1987)

CHESAPEAKE & OHIO RAILWAY COMPANY, Plaintiff, v. CITY OF BRIDGMAN, Defendant.

United States District Court, W.D. Michigan, S.D.

September 17, 1987.

Attorney(s) appearing for the Case

Frasco, Hackett & Mills by Patrick E. Hackett, Bloomfield Hills, Mich., Fisher, Troff & Fisher by Roger Alan Petzke, St. Joseph, Mich., Sally J. Kircher, Chessie System Railroads, Cleveland, Ohio, for plaintiff.

Globensky, Gleiss, Henderson & Bittner by Henry W. Gleiss, St. Joseph, Mich., for defendant.

OPINION

BENJAMIN F. GIBSON, District Judge.

This cause of action stems from a City of Bridgman ("City") ordinance, passed on March 7, 1977, which limits the speed of trains passing through the City limits. In its pertinent part, the ordinance states:

It shall be unlawful for a railroad company to permit its trains to travel at a rate of speed in excess of 30 miles per hour within the City Limits of Bridgman. Bridgman, Mich., Ordinance No. 61 (March...

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