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MATTER OF SPEED LIMIT FOR UNION PAC. THROUGH SHAKOPEE

No. C1-99-1722.

610 N.W.2d 677 (2000)

In the Matter of the SPEED LIMIT FOR the UNION PACIFIC RAILROAD THROUGH the CITY OF SHAKOPEE, State of Minnesota.

Court of Appeals of Minnesota.

Review Dismissed July 7, 2000.

Attorney(s) appearing for the Case

David A. Donna, Kurtis A. Greenley, Robert C. Friday, Lindquist & Vennum P.L.L.P., Minneapolis, for relator Union Pacific Railroad Company.

James J. Thomson, Karen R. Cole, Kennedy & Graven, Chartered, Minneapolis, for respondent City of Shakopee.

Considered and decided by WILLIS, Presiding Judge, KALITOWSKI, Judge, and HALBROOKS, Judge.

OPINION

KALITOWSKI, Judge.

Relator Union Pacific Railroad challenges the authority of the Commissioner of the Minnesota Department of Transportation to impose a ten-miles-per-hour speed limit along a one-mile segment of its track in downtown Shakopee. Union Pacific argues that: (1) because the state's ability to regulate train speed is preempted by federal regulations promulgated under the Federal Railroad Safety...

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