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SOUTHERN PAC. TRANSP. v. PUBLIC SERV. COM'N OF NEV.

No. 88-15541.

909 F.2d 352 (1990)

SOUTHERN PACIFIC TRANSPORTATION CO., a corporation; Thomas M. Tompkins, Plaintiffs-Appellants, v. PUBLIC SERVICE COMMISSION OF NEVADA; Scott M. Craigie, Fred Schmidt, Thomas E. Stephens, Jo An Kelly, Stephen Wiel, as Commissioners of Public Service Commission of Nevada; Thomas P. Wright, District Attorney of Storey County; William Rogers, District Attorney of Lyon County, Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1990.

Attorney(s) appearing for the Case

John MacDonald Smith, San Francisco, Cal., for plaintiffs-appellants.

Neil E. Grad and William H. Kockenmeister, Carson City, Nev., for defendants-appellees.

Before POOLE, REINHARDT and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Appellants, Southern Pacific Transportation Company ("SPTC"), and Thomas M. Tompkins appeal the district court's order granting summary judgment for Public Service Commission of Nevada ("PSC"). Appellants argue that PSC regulations requiring rail carriers to obtain an annual permit prior to loading, unloading, transferring or storing hazardous material on railroad property within the state are preempted by the Hazardous Materials Transportation...

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