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NORFOLK S. RY. CO. v. BOGLE

No. 86339.

166 Ohio App.3d 449 (2006)

2006-Ohio-1540

NORFOLK SOUTHERN RAILWAY COMPANY, Appellant, v. BOGLE et al., Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Gallagher, Sharp, Fulton & Norman, Kevin C. Alexandersen, Colleen A. Mountcastle, and Holly M. Olarczuk-Smith, for appellant.

Brent Coon & Associates, Christopher J. Hickey, Carolyn K. Ranke, Mary Brigid Sweeney, and Gary J. Maxwell, for appellees.

COLLEEN CONWAY COONEY, Presiding Judge.

{¶ 1} Plaintiff-appellant, Norfolk Southern Railway Company ("Norfolk"), appeals the trial court's decision denying its request for declaratory relief and finding that Am.Sub.H.B. No. 292 ("H.B. 292") is preempted by the Federal Employer's Liability Act ("FELA"), Section 51 et seq., Title 45, U.S.Code, and/or the Locomotive Boiler Inspection Act ("LBIA"), as amended, Section 20701 et seq., Title 49, U.S.Code...

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