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Appeals court strikes down train speed limit in Orr

The U.S. 8th Circuit Court of Appeals has ruled that the state of Minnesota cannot set a speed limit for trains in Orr. In March 2004, a special law was introduced in the Minnesota Legislature to prohibit railway corporations from permitting a tr...

The U.S. 8th Circuit Court of Appeals has ruled that the state of Minnesota cannot set a speed limit for trains in Orr.

In March 2004, a special law was introduced in the Minnesota Legislature to prohibit railway corporations from permitting a train to be operated at a speed in excess of 30 mph while any portion of the engine or train is within the limits of the city of Orr.

The Duluth, Winnipeg and Pacific Railway Co. alleged that Orr officials indicated the city would withdraw the special law if the company would pay for a feasibility study to determine whether the track could be relocated so the city could expand its downtown. The railway would not agree to do so. The special law went into effect on Aug. 22, 2005.

In a decision released Friday, a three-judge panel agreed with the railway that the speed limit is not allowed under federal law.

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