CSX TRANSPORTATION, INC., Plaintiff-Appellee,
v.
CITY OF PLYMOUTH, Defendant,
Jennifer M. Granholm, Attorney General of the State of Michigan, Defendant-Appellant.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued January 30, 2002.
Decided and Filed March 21, 2002.
Attorney(s) appearing for the Case
George F. Pappas (argued and briefed), Vicki Margolis (briefed), Mitchell Y. Mirviss (briefed), Kevin B. Collins (briefed), Venable, Baejter & Howard, Baltimore, MD, Jack O. Kalmink (briefed), Clark Hill, Detroit, MI, for Plaintiff-Appellee.
Michael D. Eagen (briefed), Dinsmore & Shohl, Cincinnati, OH, for Ass'n of American R.R. Amicus Curiae
Thomas L. Casey (briefed), Office of Attorney General, Appellate Division, Lansing, MI, Michael G. Frezza (argued and briefed), Assistant Attorney General, Detroit, MI, for Defendant-Appellant.
Before RYAN and GILMAN, Circuit Judges; POLSTER, District Judge.
United States Court of Appeals, Sixth Circuit.
OPINION
GILMAN, Circuit Judge.
Subject to certain exceptions, a Michigan statute prohibits trains from continuously blocking grade crossings for more than five minutes. CSX Transportation, Inc. (CSXT), a railroad company that operates interstate trains throughout Michigan, has been repeatedly fined for violating this statute. Claiming that the Michigan statute is preempted by federal law and that it unduly burdens...
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