Legal Opinion
State v. Chaparral Steel Company
Texas Court of Appeals, 10th District (Waco)
Decided July 9, 1997No. 10-97-00013-CVPublished
1Opinion of the Court
State v. Chapparral Steel Co
IN THE
TENTH COURT OF APPEALS
No. 10-97-013-CV
THE STATE OF TEXAS,
Appellant
v.
CHAPARRAL STEEL COMPANY,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court # 50334
O P I N I O N
We must decide whether the Railroad Clearance Act (the Act) applies to tracks owned by a non-railroad company, and if so, whether the applicable provisions of the Act have been preempted by the Federal Occupational Safety and Health Act. Because we find that the Act applies and has not been preempted, we will reverse the summary judgment and remand the cause for a determination of…
2Cases cited11 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Felder v. CaseySupreme Court of the United States · 1988
- Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
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