Victor J. Polich and Paul Warfel, et al. v. Burlington Northern, Inc., and Burlington Northern Railroad Company

Summary

The United States District Court for the District of Montana considered cross-motions for summary judgment concerning whether Burlington Northern's closure of its Livingston, Montana, railroad facilities triggered compensation under Montana Code Annotated § 69-14-1002. The court construed "terminal" to refer to a railroad facility or station used for handling freight or passengers and held that application of the Montana statute to Burlington Northern's sale of the line and cessation of terminal operations was preempted by the Interstate Commerce Act. The court granted Burlington Northern Railroad Company's motion for summary judgment and denied the plaintiffs' motion.

Holdings

1. The statutory term "terminal" means a railroad facility or station used for handling freight and/or passengers and does not include Burlington Northern's locomotive repair facility.
2. The Interstate Commerce Act preempts application of Mont. Code Ann. § 69-14-1002 (1987) to Burlington Northern's sale of the Montana southern line and resulting cessation of operation of the Livingston terminal.

Questions Presented

1. Whether the term "terminal" in Mont. Code Ann. § 69-14-1002 (1987) includes Burlington Northern's locomotive repair shops.
2. Whether Burlington Northern's cessation of operation of the Livingston terminal following the sale of the Montana southern line was preempted by the Interstate Commerce Act.
3. Whether the plaintiffs were entitled to summary judgment on liability under Mont. Code Ann. § 69-14-1002 (1987).

Disposition

other