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STATE v. CSX TRANSPORTATION, INC.

No. 2020-0608.

200 N.E.3d 215 (2022)

168 Ohio St.3d 543

2022-Ohio-2832

The STATE of Ohio, Appellee, v. CSX TRANSPORTATION, INC., Appellant.

Supreme Court of Ohio.

Decided August 17, 2022.

Attorney(s) appearing for the Case

David W. Phillips , Union County Prosecuting Attorney, and Samantha M. Hobbs , Assistant Prosecuting Attorney, for appellee.

Winston & Strawn, L.L.P., and Andrew E. Tauber ; Mayer Brown, L.L.P., and Evan M. Tager ; and Shumaker, Loop & Kendrick, L.L.P., Terrance K. Davis , and Nicholas T. Stack , Toledo, for appellant.

Dave Yost , Attorney General, Benjamin M. Flowers , Solicitor General, and Zachery P. Keller , Deputy Solicitor General, urging affirmance for amicus curiae Ohio Attorney General Dave Yost.

Gallagher Sharp, L.L.P., Joseph J. Santoro , and Richard C.O. Rezie , Cleveland, urging reversal for amicus curiae Ohio Railroad Association.

Burns White, L.L.C., and Colleen A. Mountcastle , Cleveland; and Kathryn D. Kirmayer and Daniel Saphire , urging reversal for amicus curiae Association of American Railroads.

{¶ 1} In this discretionary appeal from a judgment of the Third District Court of Appeals, we are asked whether R.C. 5589.21 is preempted by the Interstate Commerce Commission Termination Act (the "Termination Act"), 49 U.S.C. 10101...

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