POLICH v. BURLINGTON NORTHERN, INC.

No. 96-35146.

114 F.3d 122 (1997)

Victor J. POLICH, Paul Warfel, John D. Adams; Richard C. Adams; David B. Amsk, et al., Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC., and Burlington Northern Railroad Company, Delaware Corporations, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1997.


Attorney(s) appearing for the Case

Alexander Blewett, III, Hoyt & Blewett, Great Falls, MT, for Plaintiffs-Appellants.

Randy J. Cox, Boone, Karlberg & Haddon, Missoula, MT, for Defendants-Appellees.

Before: WRIGHT, GOODWIN, and NOONAN, Circuit Judges.


PER CURIAM.

This is the second appeal in this litigation which arose out of the closing of railroad facilities in Livingston, Montana, in 1986 and 1987. The district court granted summary judgment in favor of defendants holding that the Interstate Commerce Act preempted plaintiffs' state law statutory claim. We affirm the summary judgment entered following the remand which permitted the plaintiffs to file their third amended complaint.

Our prior opinion set...

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