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45 U.S.C. § 1008 — Repealed. Pub. L. 97–468, title II, § 234(a), Jan. 14, 1983, 96 Stat. 2547
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–254, title I, § 110, May 30, 1980, 94 Stat. 403; Pub. L. 96–448, title VII, § 701(a)(2), Oct. 14, 1980, 94 Stat. 1959, related to authorization, etc., for obligation guarantees.
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Source file: Laws/federal/codes/united-states-code/title-45/section-1008-repealed-pub-l-97468-title-ii-234-a-jan-14-1983-96-stat-2547--a6d53facb4.md
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Source location: Title 45, Chapter 19, § 1008; chapter-019-rock-island-railroad-employee-assistance.md
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### Statutory Notes
Section, Pub. L. 96–254, title I, § 110, May 30, 1980, 94 Stat. 403; Pub. L. 96–448, title VII, § 701(a)(2), Oct. 14, 1980, 94 Stat. 1959, related to authorization, etc., for obligation guarantees.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appeals** Notwithstanding any other provision of law, any appeal from—
(1) any decision of the bankruptcy court with respect to the constitutionality of any provision of this chapter; and
(2) any decision of the court having jurisdiction over the reorganization of the Milwaukee Railroad with respect to the constitutionality of the Milwaukee Railroad Restructuring Act ([45 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) et seq.),
shall be taken to the United States Court of Appeals for the Seventh Circuit.
**(b) Appellate proceedings** If appeals are taken from decisions described in subsection (a) of this section involving section 1005 or 1008 11 See References in Text note below. of this title or section 9 or 15 of the Milwaukee Railroad Restructuring Act [[45 U.S.C. 908](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim) or 915], the court of appeals shall determine such appeals in a consolidated proceeding, sitting en banc.
**(c) Action in United States Court of Claims** Nothing in this chapter or in the Milwaukee Railroad Restructuring Act ([45 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) et seq.) shall limit the right of any person to commence an action in the United States Court of Claims 1 under [section 1491 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1491&num=0&edition=prelim) (commonly referred to as the Tucker Act).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress hereby finds that—
(1) the severe operating losses and the deteriorating plant and equipment of the Milwaukee Railroad threaten to cause cessation of its operations in the near future;
(2) a cessation of operations by the Milwaukee Railroad would have serious repercussions on the economies of the States in which such railroad principally operates (the States of Washington, Montana, Idaho, North Dakota, South Dakota, Illinois, Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin);
(3) a cessation of operations of the Milwaukee Railroad would result in the loss of many thousands of jobs of railroad workers and other workers whose employment is dependent upon rail service over the lines presently operated by the Milwaukee Railroad;
(4) experienced railroad employees make a valuable contribution toward strengthening the railroad industry; and other railroads have the ability and willingness to employ displaced employees of the Milwaukee Railroad;
(5) the ownership by employees or by employees and shippers of part or all of the Milwaukee Railroad may be a valuable tool in reorganization and should be given serious consideration;
(6) cessation of essential transportation services by the Milwaukee Railroad would endanger the public welfare;
(7) cessation of such services is imminent; and
(8) there is no other practicable means of obtaining funds to meet payroll and other expenses necessary for continuation of services and reorganization of the Milwaukee Railroad.
**(b)** The Congress declares that emergency measures set forth in this chapter must be taken to restructure the Milwaukee Railroad and to avoid the potential unemployment and damage to the economy of the region and of the Nation which a cessation of essential services by the Milwaukee
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Federal law — U.S. Code and appendices · legal_authorities
Page 238
TITLE 45—RAILROADS
§ 1008
1 See References in Text note below.
AMENDMENTS
1983—Subsec. (a). Pub. L. 97–468, § 232(1), substituted
‘‘entered into or benefit schedule prescribed’’ for ‘‘or
arrangement entered into’’.
Subsec. (b). Pub. L. 97–468, § 232(2), substituted ‘‘120
days after the effective date of any agreement entered
into under section 1005(a) of this title or of any benefit
schedule prescribed under section 1005(b) of this title,
as the case may be’’ for ‘‘April 1, 1981’’.
Subsec. (d). Pub. L. 97–468, § 232(1), substituted ‘‘en-
tered into or benefit schedule prescribed’’ for ‘‘or ar-
rangement entered into’’.
1980—Subsec. (a). Pub. L. 96–448 inserted reference to
the agreement entered into in Washington on Mar. 4,
1980, and included the title of the agreement.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–448 effective Oct. 14, 1980,
see section 710(d) of Pub. L. 96–448, set out as a note
under section 1170 of Title 11, Bankruptcy.
§ 1008. Repealed. Pub. L. 97–468, title II, § 234(a),
Jan. 14, 1983, 96 Stat. 2547
Section, Pub. L. 96–254, title I, § 110, May 30, 1980, 94
Stat. 403; Pub. L. 96–448, title VII, § 701(a)(2), Oct. 14,
1980, 94 Stat. 1959, related to authorization, etc., for ob-
ligation guarantees.
§ 1009. Expedited proceedings
(a) The Commission shall give all proceedings
involving the Rock Island Railroad preference
over all other pending proceedings related to
rail carriers and make all of its decisions at the
earliest practicable time.
(b) The Commission shall, within 100 days of
the filing of an application (or such shorter pe-
riod as the court may set) pursuant to section
915 of this title, reach a decision on all pro-
ceedings filed after January 1, 19
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