HOLEM v. EAGLE

No. 3-07-CV-3-CRW-TJS.

482 F.Supp.2d 1101 (2007)

Donald J. HOLEM, Plaintiff, v. Thomas EAGLE and Iowa, Chicago & Eastern Railroad Corporation, Defendants.

United States District Court, S.D. Iowa, Davenport Division.

April 5, 2007.


Attorney(s) appearing for the Case

Eric M Knoernschild, Stanley Lande & Hunter, Muscatine, IA, for Plaintiff.

James A. Nepple, Michelle L. Heller, Nepple Law PLC, Muscatine, IA, James A. Fletcher, James D. Helenhouse, Fletcher & Sippel LLC, Chicago, IA, for Defendant.


ORDER DENYING MOTION TO REMAND

WOLLE, District Judge.

This case concerns federal court removal jurisdiction arising from a crossing collision between a pickup truck and a train. On an issue not free of doubt, I conclude the federal law governing railroad safety completely preempts state law; the motion to remand is denied.

On January 3, 2007, defendant Iowa, Chicago & Eastern Railroad Corporation (the Railroad) removed to this court a personal...

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