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ANDERSON v. BNSF RY. CO.

No. 08-232.

291 S.W.3d 586 (2009)

Roger and Ruth ANDERSON, d/b/a Anderson Auto Salvage, Appellant, v. BNSF RAILWAY COMPANY, Appellee.

Supreme Court of Arkansas.

January 30, 2009.

Attorney(s) appearing for the Case

Eichenbaum, Liles & Heister, P.A., by Christopher O. Parker, Little Rock, for appellants.

Barrett & Deacon, by John C. Deacon, Brandon J. Harrison, and Andrew H. Dallas, Jonesboro, for appellee.

ELANA CUNNINGHAM WILLS, Justice.

This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Santa Fe Railway Company (BNSF) to reopen a private "at-grade" railroad crossing.1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission's jurisdiction in this instance; therefore, we vacate the Commission...

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