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PEOPLE v. UNION PACIFIC RAILROAD COMPANY

No. C048336.

47 Cal.Rptr.3d 92 (2006)

141 Cal.App.4th 1228

The PEOPLE, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, et al., Defendants and Respondents.

Court of Appeal of California, Third District.

August 2, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Susan S. Fiering and Harrison M. Pollak, Deputy Attorneys General, for Plaintiff and Appellant.

Law Office of Stevens & O'Connell, Craig C. Allison, Sacramento; Michael L. Whitcomb, Monterey Park; Reed Smith and Joseph P. Mascovich, for Defendant and Respondent Union Pacific Railroad Company.

Morrison & Foerster, Andrew B. Sabey and Robin S. Stafford, San Francisco, for Defendant and Respondent Chemical Lime Company of Arizona.

SCOTLAND, P.J.

The People of the State of California filed a civil complaint against the Union Pacific Railroad Company (Union Pacific) and the Chemical Lime Company of Arizona (Chemical Lime) based upon the spillage of substantial quantities of calcium oxide into the environment.

Demurrers were sustained without leave to amend and the complaint was dismissed because the trial court concluded the People's claims are preempted in their entirety by the federal...

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