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Baltimore & Ohio R.R. v. Oberly

ELR Citation: ELR 20584
Nos. No. 84-452 WKS, 606 F. Supp. 1340/22 ERC 1700/(D. Del., 04/09/1985)

In a suit brought by owners of an interstate railroad facility seeking a preliminary injunction to prevent Delaware from enforcing its state Noise Control Act, the court holds that plaintiffs have demonstrated a reasonable probability of success on the merits for their argument that the federal Noise Control Act (NCA) preempts the stricter Delaw...

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