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SOUTHERN PACIFIC TRANS. CO. v. OR. PUC

No. 91-35105.

9 F.3d 807 (1993)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff-Appellant, v. PUBLIC UTILITY COMMISSION OF the STATE OF OREGON, and its members, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission October 16, 1992.

Resubmitted September 22, 1993.

Decided November 15, 1993.

Attorney(s) appearing for the Case

James H. Clarke, Lane, Powell, Spears, Lubersky, Portland, OR, for plaintiff-appellant.

Michael T. Weirich, Asst. Atty. Gen., Salem, OR, for defendant-appellee.

Before: D.W. NELSON and REINHARDT, Circuit Judges, and CALLISTER, District Judge.

D.W. NELSON, Circuit Judge:

This case concerns an Oregon law which permits local authorities to ban the sounding of locomotive whistles under certain conditions. Southern Pacific Transportation Company ("Southern Pacific"), a California-based railroad which operates freight trains in Oregon and many other states, contends that the state law is preempted by three federal statutes.

Southern Pacific moved for summary judgment...

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