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

No. 87-1466.

850 F.2d 264 (1988)

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

United States Court of Appeals, Fifth Circuit.

July 29, 1988.

Attorney(s) appearing for the Case

Robert B. Burns, Jr., Karl G. Johnson, Jr., Austin, Tex., for Missouri Pacific R.R. Co., Topeka, Santa Fe R.R., Kansas City Southern R.Y. and Louisiana and Arkansas Ry. Co.

Frank W. Calhoun, Houston, Tex., for Burlington Northern R.R.

Michael E. Roper, Dallas, Tex., for Missouri-Kansas-Texas R.R.

Hugh L. McCulley, Houston, Tex., for Southern Pacific Transp. and St. Louis-Southwestern Ry. Co.

Douglas Fraser, Asst. Atty. Gen., Energy Div./Transp., Austin, Tex., for Railroad Com'n of Texas, et al.

Lawrence M. Mann, Washington, D.C., J. Donald Bowen, Houston, Tex., for amicus curiae-Railway Labor Executives Assoc.

Before THORNBERRY, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellees are various railroads suing the Texas Railroad Commission ("Commission") to enjoin enforcement of 16 TEX.ADMIN. CODE § 5.622, which requires a caboose or alternative safety equipment on most trains travelling through Texas. This Court recently addressed related issues in a companion case involving regulation of rail walkways and visibility at grade crossings. Missouri Pacific Railroad Co. v. Railroad Commission of...

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