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DULUTH, WINNIPEG AND PACIFIC RY. v. CITY OF ORR

No. 07-2689.

529 F.3d 794 (2008)

DULUTH, WINNIPEG, AND PACIFIC RAILWAY COMPANY, a Minnesota corporation, Plaintiff-Appellant, v. CITY OF ORR, a Minnesota Municipal corporation; Doran Klakoski, in his Capacity as Mayor of Orr; State of Minnesota, Defendants-Appellees, Association of American Railroads, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2008.

Attorney(s) appearing for the Case

James A. Fletcher, argued, Chicago, IL, Diane P. Gerth and JoAnn C. Toth, St. Paul, MN, and Michael J. Barron, Chicago, IL, on the brief, for appellant.

Louis P. Warchot and Daniel Saphire, Washington, D.C., and William A. Brasher, St. Louis, MO, on the brief, amicus curiae, for Appellant.

Erik M. Johnson, AAG, argued, St. Paul, MN, for appellee.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

The Duluth, Winnipeg & Pacific Railway Company (railway) brought this action seeking a declaratory judgment that the Federal Railway Safety Act preempts a state law limiting the speed of trains passing through Orr, Minnesota. Both sides moved for summary judgment, and the district court concluded that the special law fell within the savings clause of the federal preemption statute. The railway appeals from the adverse judgment. We reverse...

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