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FLORIDA EAST COAST RY. v. CITY OF WEST PALM BEACH

No. 00-14434.

266 F.3d 1324 (2001)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Plaintiff-Counter-Defendant-Appellant, v. CITY OF WEST PALM BEACH, a Florida municipal corporation, Defendant-Intervenor-Defendant-Counter-Claimant-Third-Party-Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 27, 2001.

Attorney(s) appearing for the Case

Stuart H. Singer, Kirkpatrick & Lockhart, Hollywood, FL, for Florida East Coast Ry. Co.

Claudia M. McKenna, West Palm Beach City Attorney's Office, Mayra Isabel Rivera-Delgado, Asst. City Atty., West Palm Beach, FL, for City of West Palm Beach.

Before TJOFLAT and WILSON, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Appellant Florida East Coast Railway Company ("FEC") seeks reversal of the district court's final judgment denying declaratory and injunctive relief against appellee City of West Palm Beach ("West Palm Beach" or "the City"). FEC sought a determination from the district court that the Interstate Commerce Commission Termination Act ("ICCTA"), 49 U.S.C. § 701 et seq. (1994 and Supp.1998), pre-empts the City's application of zoning and occupational...

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