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: How Appealing

Do railroad crossings fit within the purview of "transportation by rail carriers" for purposes of express preemption under the Interstate Commerce Commission Termination Act?

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Do railroad crossings fit within the purview of "transportation by rail carriers" for purposes of express preemption under the Interstate Commerce Commission Termination Act? In light of a conflict between its ruling and the ruling of the Supreme Court of North Dakota, this week the U.S. Court of Appeals for the Fifth Circuit entered an order granting rehearing en banc to reconsider the question. In July 2008, a unanimous three-judge Fifth Circuit panel ruled that express preemption applied.

Full post as published by How Appealing on March 14, 2009 (boomark / email).

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