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FORRESTER v. AMERICAN DIESELELECTRIC, INC.

No. 99-35073.

255 F.3d 1205 (2001)

Christopher FORRESTER, Plaintiff-Appellant, v. AMERICAN DIESELELECTRIC, INC.; American Hoist & Derrick, Inc., a Minnesota corporation; American Crane Corp., a North Carolina corporation; Ohio Locomotive Crane Co., Inc., an Ohio corporation; Amdura Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2001.

Attorney(s) appearing for the Case

COUNSEL

John R. Connelly, Jr. and Timothy A. Scott, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, P.L.L.C., Tacoma, Washington, for the plaintiff-appellant.

Marcia E. Hurt, Cleveland, Ohio, attorney for the defendants-appellees.

Before: BETTY B. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and WILLIAM W SCHWARZER, Senior District Judge.

Argued and Submitted December 8, 2000 — Seattle, Washington

Opinion by Judge Schwarzer.

SCHWARZER, Senior District Judge:

Plaintiff Christopher Forrester suffered severe injuries when an American Model 840DE locomotive crane operated by his employer, General Metals, dragged a large metal beam over his leg. We must decide whether the Locomotive Inspection Act (the Act), 49 U.S.C. §§ 20701-20703 (West 2000), preempts Forrester's state...

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