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CONSOLIDATED RAIL CORP. v. SMITH

Cause Nos. S85-89, S85-661 and S86-214.

664 F.Supp. 1228 (1987)

CONSOLIDATED RAIL CORP., et al., Plaintiffs, v. Dennis SMITH, et al., Defendants. CHESAPEAKE & OHIO RAILWAY CO., Plaintiff, v. CITY OF LaPORTE, Defendant. CHESAPEAKE & OHIO RAILWAY CO., Plaintiff, v. CITY OF MICHIGAN CITY, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

April 30, 1987.

Attorney(s) appearing for the Case

Harold Abrahamson, Hammond, Ind., for Consolidated Rail Corp., et al.

Donald E. Baugher, LaPorte, Ind., for Smith, et al.

Gilbert F. Blackmun, Leonard M. Holajter, Highland, Ind., Sally J. Kircher, Cleveland, Ohio, for Chesapeake & Ohio Ry.

Donald W. Pagos, Deputy City Atty., Michigan City, Ind., for the City of Michigan City.

MILLER, District Judge.

MEMORANDUM and ORDER

The plaintiff railroad corporations' summary judgment motions in these actions present the common issue of whether federal law preempts municipal ordinances regulating train speeds within the Indiana cities of LaPorte and Michigan City, rendering the ordinances void under the Supremacy Clause of the United States Constitution, Art. VI, Cl. 2. For convenience and economy of administration, this single

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