Dist. Ct. did not err in granting plaintiff-railroad’s request for declaratory judgment that would allow it to cease its operations in providing railroad track, work force and ticket sales on three of defendant-Chicago Metra’s commuter lines, even though defendant asserted that plaintiff had to continue its operations after expiration of parties’ contract. Record showed that legislation in 1995 repealed 49 USC sections 10908 and 09, which were only statutes that gave Surface Transportation Board authority over plaintiff’s discontinuance of passenger service, and Ct. of Appeals rejected defendant’s claim that said repeal meant that plaintiff had to continue said service indefinitely. Moreover, although plaintiff would need Board permission to abandon said lines altogether, plaintiff indicated that it would continue to allow freight trains over said lines. As such, plaintiff could cease instant operations without any needed approval by Board. Ct. further noted that latest contract between parties did not require plaintiff to take any preliminary steps prior to ceasing passenger service operations after expiration of its periodic contract with defendant.
Federal 7th Circuit Court
Civil Court
Railroads