By: Derek Hawkins//March 15, 2017//
By: Derek Hawkins//March 15, 2017//
7th Circuit court of Appeals
Case Name: Henry C. Wedemeyer, et al v. CSX Transporation, Inc.,
Case No.: 15-3580
Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.
Focus: Interstate Commerce Commission Termination Act – Federal Preemption
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.
Affirmed