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GUNN v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 07-99-0081-CV.

13 S.W.3d 52 (1999)

Monti GUNN, et al., Appellants, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., et al., Appellees.

Court of Appeals of Texas, Amarillo.

December 30, 1999.

Attorney(s) appearing for the Case

Bill Cornett, Cornett Law Firm, P.L.L.C., Amarillo, for appellant.

D. Thomas Johnson, McWhorter, Cobb and Johnson, LLP, Lubbock, for appellee.

Before BOYD, C.J., JOHNSON, J., and REYNOLDS, S.J.

CHARLES L. REYNOLDS, Senior Justice (Retired).

This appeal is prosecuted from a take-nothing judgment, finalized after a partial summary judgment and a jury verdict, in an action to recover damages resulting from a fatality in a train-vehicle collision at a railroad crossing. The appeal requires us to decide whether the trial court was correct in summarily ruling that claims of negligently excessive train speed were preempted by the Federal Railroad Safety Act of...

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