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UNION PACIFIC R.R. CO. v. LOUISIANA EX REL. IEYOUB

No. CIV.A. 97-872-B-M1.

32 F.Supp.2d 377 (1999)

UNION PACIFIC RAILROAD COMPANY v. State of LOUISIANA ex. rel. Richard P. IEYOUB, Attorney General, and Louisiana Department of Public Safety and Corrections, Office of State Police.

United States District Court, M.D. Louisiana.

January 5, 1999.

Attorney(s) appearing for the Case

Sam A. Leblanc, III, Adams & Reese, New Orleans, LA, Warren E. Byrd, II, Robert Layne Coco, Adams & Reese, Baton Rouge, LA, for Union Pacific Railroad Company.

Paul Edward Schexnayder, Louisiana Department of Public Safety, Baton Rouge, LA, for Louisiana Dept. of Public Safety and Corrections, Office of State Police.

RULING

POLOZOLA, Chief Judge.

This case requires the Court to determine whether federal law preempts a state law which governs the conduct of railroads transporting hazardous materials. Specifically, the Court must determine whether Louisiana Revised Statutes 32:15101 is preempted by the Federal Railroad Safety Act (FRSA)2 and/or the Hazardous Materials...

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