Friday, March 10, 2017
Ind. Decisions - 7th Circuit decides one Indiana case today
In Henry C. Wedemeyer v. CSX Transportation, Inc. (SD Ind., McKinney), a 15-page opinion, Judge Flaum writes:
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 of its track, including the abandoned segment, for use by a grain-shipping company.
The Wedemeyers own property adjoining the abandoned track segment. They sued CSX seeking removal of the tracks and possession of the real property underlying the rail line. CSX moved for summary judgment, and the district court granted its motion, finding that the Wedemeyers’ claims were preempted under the Interstate Commerce Commission Termination Act (“ICCTA”), 49 U.S.C. § 10501(b). We affirm.
Posted by Marcia Oddi on March 10, 2017 06:49 PM
Posted to Ind. (7th Cir.) Decisions