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GRAND TRUNK v. CITY OF FENTON

Docket No. 116341.

184 Mich. App. 166 (1990)

457 N.W.2d 120

GRAND TRUNK WESTERN RAILROAD COMPANY v. CITY OF FENTON

Michigan Court of Appeals.

Decided June 5, 1990.

Attorney(s) appearing for the Case

Gregory A. Roberts, for plaintiff.

Douglas J. Callahan, for defendant.

Amicus Curiae:

Feiler, Joelson, Lakind & Rosenberg (by Michael H. Feiler), for Michigan Municipal League.

Before: WEAVER, P.J., and GILLIS and CAVANAGH, JJ.

PER CURIAM.

This suit arises from an ordinance1 passed by defendant, the City of Fenton, which set a maximum speed limit of twenty-five miles per hour for freight trains operating in the city. Plaintiff, Grand Trunk Western Railroad Company, brought this action for injunctive and declaratory relief on the grounds that the ordinance violates the Supremacy and Commerce Clauses of the United States Constitution. Plaintiff moved for summary...

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