United States Eighth Circuit

Plaintiff-City's proposed acquisition of a railroad right of way for a bike and pedestrian trail is federally preempted as state regulation of rail transportation under 49 U.S.C. Sec. 10501(b).

Appellate Information

• Decided 07/12/2005
• Published 07/12/2005

Judges

• MURPHY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, LAY, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles H. Montange, argued, Seattle, WA, for appellant.


• For Appellees:
  
• Alice C. Saylor, argued, the Surface Transportation Board, Washington, D.C, for appellee.