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06-310 - Island Park, LLC v. CSX Transportation, Inc. et al


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06-310 - Island Park, LLC v. CSX Transportation, Inc. et al
June 26, 2007
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part 38 Motion for Summary Judgment; granting in part and denying in part 39 Motion for Summary Judgment; granting in part and denying in part 40 Motion for Summary Judgment; denying 45 Motion for Partial Summary Judgment. Signed by Judge Lawrence E. Kahn on 6/26/07. (tab)
June 26, 2007
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JUDGMENT in favor of Island Park, LLC against CSX Transportation, Inc., Consolidated Rail Corporation, Island Park, LLC, National Railroad PassengerService Corporation ("Amtrak"), Dennison P. Cottrell, Thomas J. Madison, Jr. (tab)
January 22, 2010
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Decision&ORDERED, that Defendants Motion for summary judgment (Dkt. No. 96 ) is GRANTED on Plaintiffs fourth claim; and it is further ORDERED, that summary judgment is GRANTED in favor of Defendants on Plaintiffs pre-emption claim; and it is further ORDERED that Defendants Motion for Declaratory Judgment (Dkt. No. 96) is GRANTED as to the following: that there is no conflict between the terms of the 1989 Order and the DOT Order, that the 1989 Order does not prohibit their compliance with the terms of the DOT Order, and that the 1989 Order is superseded by the DOT Order to the extent that the 1989 Order imposes any obligations inconsistent with the DOT Order; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on January 22, 2010. (sas)