[DOWNLOAD] "Csxt Inc. V. Pitz" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Csxt Inc. V. Pitz
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 22, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The defendants, James J. Pitz, Norma J. Fleming and Michigan Department of Transportation, and the intervening defendant, United Transportation Union, appeal on abstention grounds a District Court injunction restraining the Department from enforcing any state administrative action or rule requiring toilets in railroad locomotives. The injunction was issued on grounds that such a Michigan rule would be preempted by the Locomotive Boiler Inspection Act, 45 U.S.C. §§ 22-43 (1976) and the Federal Railroad Safety Act of 1970, 45 U.S.C. §§ 421-44 (1976). The District Court held that the preemption doctrine prohibits the state agency from conducting the contemplated proceeding.*fn1 The central problem raised by the appeal is whether abstention is appropriate in preemption cases. We conclude under the circumstances of this case that abstention is appropriate; and we, therefore, reverse the order of the District Court. CSXT Inc. v. Pitz 699 F. Supp. 127 (W.D.Mich. 1988).

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