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WESTERN CO. v. DYNASTY TRANSP.

No. 96-877.

696 So.2d 1 (1997)

The WESTERN COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. DYNASTY TRANSPORTATION, INC., Shelton Joseph Zenon and Certain Underwriters at Lloyds's London, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 7, 1997.

Attorney(s) appearing for the Case

Michael J. Juneau, Lafayette, for The Western Company of North America.

T.C.W. Ellis, Winston Edward Rice, Paul Newman Vance, Mary Elizabeth Kerrigan, New Orleans, for Dynasty Transportation, Inc., et al.

John Edmund McElligott, Jr., Kyle Liney Mark Gideon, Lafayette, for National Railroad Passenger Corp., etc.

Gary Clifford Ethridge, Susan Gail Stafford, William E. Crawford, Jr., Baton Rouge, for State, Through DOTD.

George Narcisse Bischof, Jr., Chalmette, Russ Michel Herman, New Orleans, for Dean Schwab.

Carol Stookey Hunter, Rayne, for Parish of Acadia.

Kevin Wade Trahan, for Acadian Ambulance.

Robert Johnston Carter, Greensburg, for Audrell Wright, et al.

Neil D. Sweeney, Baton Rouge, for Shelton Joseph Zenon.

Robert Lynn Manard, III, New Orleans, for Louise Carafa, et al.

Before YELVERTON, THIBODEAUX and SAUNDERS, JJ.

THIBODEAUX, Judge.

The National Railroad Passenger Corporation filed a motion in limine in this personal injury case requesting that none of the parties refer to the speed of a train on the ground that federal law preempted such a reference. The trial court granted the motion finding that state tort law claims for excessive train speed are preempted. Shelton Joseph Zenon filed a writ application with this court requesting the ability to discuss

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