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BURLINGTON NORTHERN R. CO. v. STATE OF NEB.

No. 85-1683.

802 F.2d 994 (1986)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellant, v. STATE OF NEBRASKA; the Nebraska Public Service Commission, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

Richard A. Knudsen, Lincoln, Neb., for appellant.

John Boehm, Asst. Atty. Gen., Lincoln, Neb., for appellees.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and HARRIS, Senior District Judge.

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...

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