Legal Opinion
Franks Investment Co. LLC v. Union Pacific Railroad
Court of Appeals for the Fifth Circuit
Decided January 6, 2010No. 08-30236PublishedCited by 91 opinions
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
The question before the en banc court is whether the preemption provision of a federal statute preempts a state law possessory action filed by a landowner to preserve a long-existing crossing over railroad tracks. We conclude that this landowner’s state law action, removed to federal court based on diversity of citizenship, is not preempted. Consequently, we REVERSE the district court and REMAND for adjudication of the merits of the state law claims.
I. BACKGROUND
Franks Investment Company owns a large tract of land in Louisiana. It leases portions of that…
2Cases cited21 opinions
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- Altria Group, Inc. v. GoodSupreme Court of the United States · 2008
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3Cited by91 opinions
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- Aldridge v. MS Dept of CorrectionsCourt of Appeals for the Fifth Circuit · 2021
- Tubbs v. Surface Transportation BoardCourt of Appeals for the Eighth Circuit · 2015
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