Legal Opinion
Burlington Northern Railroad v. Minnesota
Court of Appeals for the Eighth Circuit
Decided August 23, 1989No. 88-5358PublishedCited by 1 opinion
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The single issue in this appeal is whether the Minnesota occupied caboose law, Minn. Stat. § 219.559 (1988), which requires that an occupied caboose be attached to the end of a train, is preempted by the Federal Railroad Safety Act, 45 U.S.C. §§ 421-444 (1982), and the regulations of the Federal Railroad Administration (FRA). Burlington Northern Railroad Company and a group of other railroads operating in Minnesota brought this action challenging the Minnesota caboose statute on a variety of constitutional grounds, including that of preemption by the Railroad…
2Cases cited15 opinions
- Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
- Bethlehem Steel Co. v. New York State Labor Relations BoardSupreme Court of the United States · 1947
- Michigan Canners & Freezers Assn., Inc. v. Agricultural Marketing and Bargaining Bd.Supreme Court of the United States · 1984
- Mary Marshall, Individually and as Personal Representative v. Burlington Northern, Inc.Court of Appeals for the Ninth Circuit · 1983
- Thomas A. Donelon, Charles J. Eagan, Jr. v. New Orleans Terminal Company and Federal Railroad Administration of the Department of TransportationCourt of Appeals for the Fifth Circuit · 1973
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3Cited by1 opinion
- Burlington Northern Railroad Company v. State Of MinnesotaCourt of Appeals for the Eighth Circuit · 1989