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HATFIELD v. BURLINGTON NORTHERN R. CO.

No. 94-3160.

64 F.3d 559 (1995)

Robert E. HATFIELD, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 29, 1995.

Attorney(s) appearing for the Case

Timothy J. King of Speth, King & Riedmiller, Wichita, KS, for plaintiff-appellant.

Phillip R. Fields, Wichita, KS, for defendant-appellee.

Before EBEL and KELLY, Circuit Judges, and BRATTON, District Judge.

EBEL, Circuit Judge.

This is an interlocutory appeal of a decision by the United States District Court for the District of Kansas granting partial summary judgment to the Defendant railroad, based on federal preemption of the railroad's duty to provide safe road crossings under Kansas common law. We exercise jurisdiction pursuant to 28 U.S.C. § 1292(b) and affirm the decision of the district court.

I. BACKGROUND

On September 29, 1987, a truck...

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