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CSX TRANSP., INC. v. CITY OF PLYMOUTH, MICH.

No. 94-1857.

86 F.3d 626 (1996)

CSX TRANSPORTATION, INC., Plaintiff-Appellee, v. CITY OF PLYMOUTH, MICHIGAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1996.

Attorney(s) appearing for the Case

Wandaleen Poynter, CSX Transportation, Inc., Law Department, Jacksonville, FL, Jack O. Kalmink, Cross & Wrock, Detroit, MI, George F. Pappas (argued and briefed), Vicki Margolis, Venable, Baejter & Howard, Baltimore, MD, for Plaintiff-Appellee.

John M. Donohue (argued and briefed), Kohl, Secrest, Wardle, Lynch, Clark & Hampton, Farmington Hills, MI, Ronald W. Lowe, Lowe, Lewandowski, Plymouth, MI, for Defendant-Appellant.

Janice C. Schultz (briefed), Washington, D.C., for Amicus Curiae Association of American R.R.

Before: KEITH, JONES, and SILER, Circuit Judges.

SILER, Circuit Judge.

Defendant, Plymouth, Michigan ("Plymouth"), appeals summary judgment granted to the plaintiff, CSX Transportation, Inc. ("CSXT"). CSXT challenges a Plymouth ordinance as being preempted by the Federal Railway Safety Act ("FRSA"), 49 U.S.C. § 20101 et seq. We hold that the ordinance is preempted and affirm the district court.

I.

CSXT operates interstate trains that cross Plymouth's streets. Plymouth Statute Chapter...

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