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UNITED TRANSP. UNION v. PENNSYLVANIA P.U.C.

No. 1270 C.D. 2012

68 A.3d 1026 (2013)

UNITED TRANSPORTATION UNION, PENNSYLVANIA STATE LEGISLATIVE BOARD, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 20, 2013.

Attorney(s) appearing for the Case

Lawrence M. Mann , Bethesda, MD, for petitioner.

John E. Herzog , Assistant Counsel, Harrisburg, for respondent.

John F. Povilaitis , Harrisburg, and Joseph P. Sirbak, II , Philadelphia, for intervenor Norfolk Southern Railway Company.

BEFORE: PELLEGRINI, President Judge, and SIMPSON, Judge (P.), and COLINS, Senior Judge.

OPINION BY Judge SIMPSON.

This appeal involves a 1975 order issued by the Public Utility Commission (PUC) that requires Norfolk Southern Railway Corporation (Norfolk Southern) to employ two brakemen around the clock to prevent "run outs"1 of rail cars. We are asked whether the 1975 order is preempted by the Federal Railroad Safety Act of 1970, 49 U.S.C. §§ 20101-20167, (FRSA), and Federal...

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