Legal Opinion

Missouri Pacific Railroad v. Railroad Commission of Texas

Court of Appeals for the Fifth Circuit

Decided July 29, 1988No. 87-1466PublishedCited by 41 opinions

1Opinion of the Court

JERRE S. WILLIAMS, Circuit Judge:

Appellees are various railroads suing the Texas Railroad Commission (“Commission”) to enjoin enforcement of 16 TEX. ADMIN. CODE § 5.622, which requires a caboose or alternative safety equipment on most trains travelling through Texas. This Court recently addressed related issues in a companion case involving regulation of rail walkways and visibility at grade crossings. Missouri Pacific Railroad Co. v. Railroad Commission of Texas, 838 F.2d 570 (5th Cir.1987) (“MOPACI”). As with MOP AC I, this appeal concerns the preemptive scope of federal railroad…

2Cases cited10 opinions

  1. Federal Communications Commission v. Pacifica FoundationSupreme Court of the United States · 1978
  2. Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
  3. Southern Pacific Co. v. Arizona Ex Rel. SullivanSupreme Court of the United States · 1945
  4. Bethlehem Steel Co. v. New York State Labor Relations BoardSupreme Court of the United States · 1947
  5. Napier v. Atlantic Coast Line RailroadSupreme Court of the United States · 1926

5 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. King v. Illinois Central RailroadCourt of Appeals for the Fifth Circuit · 2003
  2. In re Miamisburg Train Derailment LitigationOhio Supreme Court · 1994
  3. CSX Transportation, Inc. v. City of PlymouthDistrict Court, E.D. Michigan · 2000
  4. Illinois Central Railroad v. BrentMississippi Supreme Court · 2013
  5. Robert E. Hatfield v. Burlington Northern Railroad CompanyCourt of Appeals for the Tenth Circuit · 1992

36 more not listed; retrieve them via the Exa API.

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