Decision 34593
Served (printed as 3/22/2004) · Notice · Entire Board
INSTITUTED A DECLARATORY ORDER PROCEEDING AND REQUESTED WRITTEN COMMENTS CONCERNING THE FOLLOWING QUESTION: WHETHER THE PREEMPTION PROVISIONS OF 49 U.S.C. 10501(B)(2) PRECLUDE A STATE COURT FROM HEARING A LAWSUIT ALLEGING THAT A RAILROAD HAS FAILED TO CARRY OUT ITS COMMON CARRIER OBLIGATION TO PROVIDE SERVICE.
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