Legal Opinion
Burlington Northern Railroad Company v. State of Nebraska the Nebraska Public Service Commission
Court of Appeals for the Eighth Circuit
Decided September 30, 1986No. 85-1683PublishedCited by 70 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Burlington Northern Railroad Company appeals from an order of the district court upholding the constitutionality of Nebraska’s statute requiring that the last car on any train over 1,000 feet long operating in the state be a manned caboose. Neb.Rev. Stat. § 74-5,100 (Cum.Supp.1984) (LB 179). Burlington Northern sought to have the statute declared unconstitutional and its enforcement enjoined on the basis that it was preempted by federal legislation, exceeded the state’s police power, unreasonably burdened interstate commerce, and unconstitutionally impaired a…
2Cases cited22 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
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3Cited by70 opinions
- Margaret NICHOLS, Plaintiff-Appellant, v. AMERICAN NATIONAL INSURANCE CO., Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1998
- Warner Bros. Entertainment v. X One X ProductionsCourt of Appeals for the Eighth Circuit · 2011
- Craig Outdoor Advertising, Inc. v. Viacom Outdoor, Inc.Court of Appeals for the Eighth Circuit · 2008
- Lamb Engineering & Construction Company v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 1997
- US Salt, Inc. v. Broken Arrow, Inc.Court of Appeals for the Eighth Circuit · 2009
65 more not listed; retrieve them via the Exa API.