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UNITED TRANSP. UNION v. FOSTER

No. 98-31304.

205 F.3d 851 (2000)

UNITED TRANSPORTATION UNION; Brotherhood of Locomotive Engineers, Plaintiffs-Appellees, Association of American Railroads, Intervenor-Plaintiff-Appellee, v. Michael FOSTER, as Governor of the State of Louisiana; Richard Ieyoub, as Attorney General of the State of Louisiana and as representatives of all other similarly situated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 17, 2000.

Attorney(s) appearing for the Case

Lawrence M. Mann (argued), Alper, Mann & Weisbaum, Washington, DC, Blake G. Arata, Jr., Benjamin B. Saunders, Davis, Saunders, Arata & Rome, Metairie, LA, for United Transp. Union and Brotherhood of Locomotive Engineers.

Patrick A. Talley, Jr. (argued), Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Association of American Railroads.

Charles Henry Braud, Jr. (argued), Baton Rouge, LA, for Defendants-Appellants.

Before DAVIS, JONES and MAGILL, Circuit Judges.

MAGILL, Circuit Judge:

This appeal raises the issue of whether federal law preempts three Louisiana railroad transportation laws. The district court answered this question in the affirmative and granted summary judgment in favor of the appellees, United Transportation Union (UTU)1, the Brotherhood of Locomotive Engineers (BLE)2, and the American Association of Railroads (AAR)3....

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