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CXST, INC. v. PITZ

No. L 88-17 CA 5.

699 F.Supp. 127 (1988)

CXST, INC., a Virginia Corporation, Plaintiff, v. James J. PITZ, Director of the Department of Transportation of the State of Michigan, Norma J. Fleming, Administrator of the Railroad Safety and Tariffs Division of the Department of Transportation of the State of Michigan, and the Department of Transportation of the State of Michigan, Defendants, and The United Transportation Union, Intervening Defendant.

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

May 13, 1988.

Attorney(s) appearing for the Case

Patrick E. Hackett, Carol Hackett-Garagiola, Bloomfield Hills, Mich., Sally J. Kircher, Jacksonville, Fla., for plaintiff.

Frank J. Kelley, Atty. Gen., State of Mich. by Susan Peck Iannotti, William Reid Ralls, Lansing, Mich., for defendants.

OPINION

ROBERT HOLMES BELL, District Judge.

Before this Court is plaintiff's motion for summary judgment on its complaint. In its complaint plaintiff seeks a judgment declaring that the Michigan Department of Transportation (MDOT) Rule 460.1473(a) is preempted by the Locomotive Boiler Inspection Act (LBIA), 45 U.S.C. § 22 et seq., and the Federal Railroad Safety Act (FRSA), 45 U.S.C. § 421 et seq. and an injunction prohibiting defendant...

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