United States Tenth Circuit
Port City Props. v. Union Pac. R.R. Co., 06-5187
Denial of plaintiff's request for a preliminary injunction against defendant-railroad, seeking to prevent it from ceasing rail operations servicing plaintiff's warehouse and from informing others that plaintiff could not receive shipments by rail, is affirmed where: 1) there was no abuse of discretion in a finding that plaintiff was not entitled to a preliminary injunction; and 2) the district court correctly held that state law tort claims were completely preempted by provisions of the Interstate Commerce Commission Termination Act (ICCTA).
Appellate Information
- Decided 03/10/2008
- Published 03/11/2008
Judges
- SEYMOUR, Circuit Judge., Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Kenneth L. Brune of Brune Law Firm, Tulsa, OK, for Plaintiffs-Appellants.
- For Appellees:
- Christopher D. Wolek (Tom L. Armstrong, Robert D. Hart, and Laura L. Eakens with him on the brief) of Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Defendants-Appellees.