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CSX TRANSP., INC. v. PUBLIC UTILITIES COM'N OF OHIO

No. 88-4185.

901 F.2d 497 (1990)

CSX TRANSPORTATION, INC., Consolidated Rail Corporation, Norfolk and Western Railway Company, and Grand Trunk Western Railroad Company, Plaintiffs-Appellees, v. The PUBLIC UTILITIES COMMISSION OF OHIO, and Thomas V. Chema, Ashley C. Brown, Gloria Gaylord, Alan R. Schriber, and Lenworth Smith, Jr., in their respective capacities as Chairman and Commissioners of the Public Utilities Commission of Ohio, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Samuel H. Porter, Robert W. Trafford (argued), Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiffs-appellees.

Janice E. Kerr, J. Calvin Simpson, James T. Quinn, San Francisco, Cal., Robert S. Tongren, James B. Gainer (argued), Office of the Atty. Gen., Public Utilities Section, Columbus, Ohio, for defendants-appellants.

Donald T. Trotter, Office of the Atty. Gen., Olympia, Wash., amicus curiae States of Wash., Or., Nev., Tenn., Tex., and Mo.

Janice E. Kerr, J. Calvin Simpson, James T. Quinn, San Francisco, Cal., amicus curiae, State of Cal.

Before GUY, BOGGS and NORRIS, Circuit Judges.

BOGGS, Circuit Judge.

Plaintiff railroads sought and received summary judgment for declaratory and injunctive relief against defendants Public Utilities Commission of Ohio, its Chairman, and its Commissioners, against state regulation of hazardous materials transportation, claiming that such regulation was preempted by the Federal Railroad Safety Act, 45 U.S.C. § 421 et seq. 701 F.Supp. 608. The defendants appealed...

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