MISSOURI PACIFIC R.R. CO. v. LIMMER

No. 14-02-00688-CV.

180 S.W.3d 803 (2005)

MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company, Appellant, v. Patricia LIMMER, Billye Joyce Smith, and Bobbye Jean Nothnagel, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

November 29, 2005.


Attorney(s) appearing for the Case

Kathleen Hopkins Alsina, Harding J. Rome, Houston, Michael A. Hatchell, Austin, for appellant.

David M. Gunn, Kevin Dubose, Carl Crow, Russell S. Post, Houston, Deborah G. Hankinson, Dallas, for appellees.

Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.


OPINION ON REHEARING

EVA M. GUZMAN, Justice.

Upon consideration of the motion for rehearing filed by appellees Patricia Limmer, Billye Joyce Smith, and Bobbye Jean Nothnagel (collectively referred to herein as the "Limmers") and the responses thereto, we conclude that the trial court did not err in ruling against appellant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company ("Union Pacific") as to its preemption defense. Accordingly, we...

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