CSXT, INC. v. PITZ

Nos. 88-1629, 88-1642.

883 F.2d 468 (1989)

CSXT, INC., a Virginia corporation, Plaintiff-Appellee, 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-Appellants (88-1642), and The United Transportation Union, Intervening Defendant-Appellant (88-1629).

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1989.

Rehearing and Rehearing Denied October 4, 1989.


Attorney(s) appearing for the Case

Sally J. Kircher, CSX Transp., Inc., Jacksonville, Fla., Patrick E. Hackett argued, Carol Hackett-Garagiola, Frasco, Hackett & Mills, Bloomfields Hills, Mich., for plaintiff-appellee.

William Reid Ralls argued, Bruce H. Edwards, Ralls & Mackey, P.C., Lansing, Mich., for defendant-appellant.

Before MERRITT and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied in No. 88-1629 October 4, 1989.

MERRITT, Circuit Judge.

The defendants, James J. Pitz, Norma J. Fleming and Michigan Department of Transportation, and the intervening defendant, United Transportation Union, appeal on abstention grounds a District Court injunction restraining the Department from enforcing any state administrative action or rule requiring toilets in railroad locomotives. The injunction was issued on grounds...

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