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GRAND TRUNK W. R. CO. v. CITY OF FENTON

Docket No. 89354, (Calendar No. 2).

439 Mich. 240 (1992)

482 N.W.2d 706

GRAND TRUNK WESTERN RAILROAD COMPANY v. CITY OF FENTON

Supreme Court of Michigan.

Decided March 27, 1992.

Attorney(s) appearing for the Case

Gregory A. Roberts for the plaintiff.

Douglas J. Callahan for the defendant.

Amicus Curiae:

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

CAVANAGH, C.J.

We address in this case the validity of a municipal speed-limit ordinance applied to freight trains operating within city limits. We find the ordinance preempted by federal law, and we therefore affirm the judgment of the Court of Appeals.

I. FACTS AND PROCEDURAL HISTORY

The relevant facts in this case are undisputed. The City of Fenton, a small community in Genesee County, is bisected by a major freight train line operated by the Grand...

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