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MISSOURI PACIFIC R. CO. v. RAILROAD COM'N OF TEXAS

No. 87-1151.

833 F.2d 570 (1987)

MISSOURI PACIFIC RAILROAD COMPANY, et al., Plaintiffs-Appellees, v. RAILROAD COMMISSION OF TEXAS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 10, 1987.

Attorney(s) appearing for the Case

Douglas Fraser, Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellants.

Lawrence M. Mann, Washington, D.C., J. Donald Bowen, Houston, Tex., for amicus Railway Labor Executives Ass'n.

Robert B. Burns, Jr., Karl G. Johnson, Wilson, Grosenheider & Burns, Austin, Tex., for all plaintiffs-appellees.

Michael A. Johnson, Hugh L. McCulley, Houston, Tex., for So. Pacific Trans. Co. & St. Louis-SW Railway Co.

Michael E. Roper, Dallas, Tex., for Missouri-Kansas-TX Railroad Co.

Scott R. Craig, Spring, Tex., for Missouri Pacific Railroad.

Before REAVLEY, POLITZ, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Several railroads sought declaratory and injunctive relief against the Railroad Commission of Texas ("State" or "Commission") alleging that certain railroad safety regulations recently promulgated by the Commission were preempted by regulations of the Federal Railroad Administration ("FRA"), enforcing the Federal Railroad Safety Act of 1970 ("FRSA"), 45 U.S.C. § 421 et seq.1 The railroads alleged...

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