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· 5/21/2003

Cedarapids, Inc. v. Chicago, Central & Pacific Railroad

Citations

  • 265 F. Supp. 2d 1005
  • 2003 U.S. Dist. LEXIS 9005
  • 2003 WL 21246204

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that to the extent that a state-law claim sought to force CC & P to abandon the track in question, such claims were preempted by ICCTA
  • holding that to the extent that Cedarapids’ state-law claim sought to force CC&P to abandon the track in question, such claims were preempted by the Interstate Commerce Commission Termination Act
  • stating “[t]he ICCTA by its terms makes it clear that the STB has exclusive jurisdiction over the abandonment of tracks…”
  • state court suit by lessee of property, subject to railroad right of way, seeking injunction barring railroad-lessor's use of trackage in question and rescission of lease preempted
  • “[I]n enacting the ICCTA, Congress intended to occupy completely the field of state economic regulation of railroads.”
  • ICCTA preempts state law providing for reversion of railroad right-of-way after abandonment by railroad

Source: CourtListener parenthetical corpus (CC0).

Judges: Reade

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.