Attorney(s) appearing for the Case
Gary Eugene White, Blackwell & White, Gulfport, MS, Frank O Burge, Jr. (argued), Burge & Wettermark, Birmingham, AL, for Donald G. Lane.
Patrick Holt Zachary (argued), Zachary & Leggett, Hattiesburg, MS, for R.A. Sims, Jr., Inc.
Patrick Russell Buchanan (argued), Raymond L. Brown, Brown, Watt & Buchanan, Biloxi, MS, for CSX Transportation, Inc.
Brent A. Talbot, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Association of American Railroads, Amicus Curiae.
Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RHESA HAWKINS BARKSDALE, Circuit Judge:
For this negligence action arising out of a collision at a crossing between a train and a vehicle, primarily at issue is whether the Federal Railroad Safety Act (FRSA), 49 U.S.C. §§ 20101-20153, and a regulation promulgated thereunder, 49 C.F.R. § 213.9, which set maximum train speeds for different classes of tracks, preclude a railroad employee's negligence action under the Federal Employers' Liability Act (FELA...
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