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NORFOLK & WESTERN RY. CO. v. PUBLIC UTILITIES COM'N

No. 90-3113.

926 F.2d 567 (1991)

NORFOLK & WESTERN RAILWAY COMPANY, Plaintiff-Appellee, v. The PUBLIC UTILITIES COMMISSION OF OHIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1991.

Rehearing and Rehearing Denied April 12, 1991.

Attorney(s) appearing for the Case

Daniel A. Brown (argued), Diane C. Reichwein, Paula J. Lloyd, Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiff-appellee.

Robert S. Tongren, James B. Gainer (argued), William L. Wright, Asst. Atty. Gen., Public Utilities Section, Columbus, Ohio, for defendant-appellant.

Charles D. Gray, Washington, D.C., for National Ass'n of Regulatory Utility Comr's, amicus curiae.

Lawrence M. Mann, Alper & Mann, Christopher B. Little, Washington, D.C., for Railway Labor Executives, amicus curiae.

John T. Rich, Shea & Gardner, Washington, D.C., for Ohio R.R. Ass'n and The Ass'n of American Railroads, amicus curiae.

Before JONES, RYAN and BOGGS, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 12, 1991.

RYAN, Circuit Judge.

The Public Utilities Commission of Ohio ("PUCO"), appeals the judgment of the district court enjoining it from requiring the Norfolk & Western Railway Company ("the railroad") to maintain or otherwise provide a walkway upon any of its railroad bridges or trestles.

We are presented with the following issues:

— Whether...

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