Federal 7th Circuit Court
Civil Court
Preemption
Dist Ct. did not err in granting plaintiff-railroad's request for injunctive relief seeking to bar defendant-transit authority from proceeding on its state-court condemnation action to obtain plaintiff's railroad right of way on grounds that state court action was preempted by federal Interstate Commerce Commission Termination Act (Act). Defendant's condemnation action constituted attempt to avoid paying plaintiff rent for right of way pursuant to existing lease, and record showed that plaintiff and its right of way fell under provisions of said Act. Ct. further held that proposed state condemnation action, which would establish permanent easement over instant right of way, was regulation of railroad transportation that was preempted by Act.