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Norfolk Southern R. Co. v. Shanklin

Docket No.: 99-312
Argued: March 1, 2000
Decided: April 20, 2000

Topics:

49 U.S.C. 2010, Federalism, Federal Preemption of State Jurisdiction, preemption, stare decisis

Petitioner: Norfolk Southern R. Co.
Respondent: Shanklin

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Citation: 173 F.3d 386
Lower Court Decision
Supreme Court Docket


529 U.S. 344 (2000)
Question:

Does the Federal Railroad Safety Act of 1970 pre-empt tort claims, based on State statutory and common law, concerning a railroad's failure to maintain adequate warning devices at crossings where federal funds have participated in the installation of the devices?

Norfolk Southern R. Co. v. Shanklin
ORAL ARGUMENT

March 01, 2000

Holding: reversed and remanded
Decision: Decision: 7 votes for Norfolk Southern R. Co., 2 vote(s) against
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