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PALACIOS v. LOUISIANA AND DELTA RAILROAD, INC.,

No. 00-00971.

775 So.2d 698 (2000)

Maria E. PALACIOS, et al. v. LOUISIANA AND DELTA RAILROAD, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 31, 2001.

Attorney(s) appearing for the Case

John Felton Blackwell, Attorney at Law, New Iberia, LA, Counsel for Louisiana and Delta Railroad, Inc.

Leonard Louis Levenson, Weigand, Levenson, & Costa, New Orleans, LA, Counsel for Jose Garcia, Jennifer Palacios, Maria E. Palacios, Cynthia Palacios, Jenny Garcia.

Stacey Allen Moak, Attorney at Law, Baton Rouge, LA, Counsel for State of Louisiana.

Leon Joseph Minvielle III, Haik, Minvielle & Grubbs, New Iberia, LA, Counsel for City of Jeanerette.

Kyle Liney Mark Gideon, Davidson, Meaux, etc., Lafayette, LA, Counsel for Southern Pacific Transportation Co.

Charles Benjamin Landry, Landry & Watkins, New Iberia, LA, Counsel for Jose Garcia, Maria E. Palacios, Cynthia Palacios, Jenny Garcia, Jennifer Palacios.

Michael Patrick Corry, Briney & Foret, Lafayette, LA, Counsel for National Security Fire & Cas. Co.

Court composed of Judge ULYSSES GENE THIBODEAUX, Judge OSWALD A. DECUIR, and Judge JIMMIE C. PETERS.

DECUIR, Judge.

Plaintiff, Maria Palacios, individually and on behalf of her minor children, seeks supervisory relief from a trial court judgment upholding the constitutionality of 23 U.S.C. § 409, thereby precluding plaintiff from discovering certain evidence claimed to be vital to her case. Finding ourselves in the anomalous position of determining the constitutionality of a federal statute, we have reviewed the arguments asserted herein and affirm the ruling...

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