RAYNER v. SMIRL

No. 88-3130.

873 F.2d 60 (1989)

James C. RAYNER, Plaintiff-Appellant, v. Daniel W. SMIRL; CSX Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1989.


Attorney(s) appearing for the Case

Kenneth J. Mackley (Mackley, Gilbert & Marks, Hagerstown, Md., Charles Gerald Bernstein, Baltimore, Md., Bernstein, Sakellaris & Ward, on brief) for plaintiff-appellant.

H. Russell Smouse (Kenneth D. Pack, Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., Baltimore, Md., on brief) for defendants-appellees.

Before ERVIN, Chief Judge, and MURNAGHAN and WILKINSON, Circuit Judges.


WILKINSON, Circuit Judge:

The question here is whether the Federal Railroad Safety Act of 1970, 84 Stat. 971, as amended, 45 U.S.C. § 421-44, preempts a Maryland action for the wrongful discharge of a railroad employee who reports railroad safety violations of his employer. We hold that the federal "whistleblower" statute, 45 U.S.C. § 441, and the comprehensive remedial provisions incorporated therein, 45 U.S.C. §§ 441(c) & 153, are the railroad...

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