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LUNDEEN v. CANADIAN PACIFIC R. CO.

Nos. 07-1656, 07-1670, 07-1672, 07-1676, 07-1679, 07-1680, 07-1684, 07-1693, 07-1694, 07-1698, 07-1699, 07-1707.

532 F.3d 682 (2008)

Tom LUNDEEN, individually; Nanette Lundeen, individually, and Tom Lundeen and Nanette Lundeen on behalf of, and as parents and natural guardians of M.L., a minor, and Michael Lundeen, Appellants, v. CANADIAN PACIFIC RAILWAY COMPANY; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Rebecca Behnkie, individually, and Rebecca Behnkie on behalf of, and as parent and natural guardian of Nathaniel Behnkie, a minor, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Larry Crabbe; Carol Crabbe, Appellants, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Denise Duchsherer; Leo Duchsherer; Appellants, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Jo Ann Flick, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Leo Gleason, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Mary Beth Gross, individually, and Mary Beth Gross on behalf of, and as parent and natural guardian of Brett Gross, a minor, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Bobby Smith; Mary Smith, Appellants, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Rachelle Todosichuk, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Melissa Todd, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Ray Lakoduk, Appellant, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants. Mark Nisbet; Sandra Nisbet, Appellants, v. Canadian Pacific Railway Company; Canadian Pacific Limited; Canadian Pacific Railway Limited; Soo Line Railroad Company, Appellees, United States, Intervenor. State of North Dakota; State of Mississippi; State of Indiana; State of Iowa; State of Maryland; State of Minnesota; State of Missouri; State of Montana; State of Nevada; State of Oklahoma; State of South Dakota; State of New Hampshire; State of Utah, Amici Curiae on behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2008.

Attorney(s) appearing for the Case

Kristy L. Albrecht, argued, Sarah Andrews Herman and Benjamin J. Hasbrouck, on the brief, Fargo, ND, for Appellants.

Timothy Robert Thornton, argued, Kevin M. Decker and Jonathan P. Schmidt, on the brief, Minneapolis, MN, for Appellees.

Before BYE, BEAM, and SMITH, Circuit Judges.

BYE, Circuit Judge.

In Lundeen v. Canadian Pacific Railway Co., 447 F.3d 606, 615 (8th Cir.2006) (Lundeen I), we determined the above-captioned lawsuits, initially filed in state court, were preempted by 49 U.S.C. § 20106 of the Federal Railroad Safety Act (FRSA). On remand, the district court dismissed the lawsuits. The Lundeens and other appellants (hereinafter the Lundeens) thereafter filed the instant appeals...

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