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STATE v. DULUTH, WINNEPEG & PAC. RY. CO.

No. CX-86-2058.

408 N.W.2d 671 (1987)

STATE of Minnesota, By Steve KEEFE, Commissioner, Department of Labor and Industry, Respondent, v. DULUTH, WINNIPEG & PACIFIC RAILWAY COMPANY, Relator.

Court of Appeals of Minnesota.

June 30, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Louis Hoffman, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Raymond L. Erickson, J. Kent Richards, Duluth, for relator.

Heard, considered and decided by SEDGWICK, P.J., and PARKER and NIERENGARTEN, JJ.

OPINION

PARKER, Judge.

Relator seeks review of a determination that the Federal Railroad Administration (FRA) has not preempted state regulation of railroad employees working on track at highway crossings. We affirm.

FACTS

On May 24, 1984, the State of Minnesota, by Steve Keefe, Commissioner of Labor and Industry, issued a citation to relator Duluth, Winnipeg & Pacific Railway Company ("railroad"), claiming violations of 8 MCAR §...

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