WEDEMEYER v. CSX TRANSPORTATION, INC.

No. 15-3580.

850 F.3d 889 (2017)

Henry C. WEDEMEYER and Martha L. Wedemeyer, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 10, 2017.


Attorney(s) appearing for the Case

James E. Ayers , Attorney, Wernle, Ristine & Ayers, Crawfordsville, IN, for Plaintiffs-Appellants.

Robert Dean MacGill , Counsel, Matthew Brian Barr, Alexander Pape Orlowski , Attorneys, Barnes & Thornburg LLP, Indianapolis, IN, Robert Eric Bilik , Robert Patrick Dover, Esq. , Attorneys, McGuire-Woods LLP, Jacksonville, FL, for Defendant-Appellee.

Before Flaum, Easterbrook, and Sykes, Circuit Judges.


In 1989, CSX Transportation successfully petitioned the Interstate Commerce Commission (the "ICC") to end CSX's obligation to provide common-carrier rail service on a portion of track in Putnam County, Indiana. The following year, CSX notified the ICC that it had abandoned that segment. Shortly thereafter, CSX leased a portion...

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