United States Tenth Circuit

In an action brought by property owners against a railroad alleging defendant improperly disposed of rails in a drainage ditch, resulting in flooding damage to their property, summary judgment for the railroad is reversed and remanded as: 1) contrary to the holding below, the Interstate Commerce Commission Termination Act (ICCTA) does not expressly preempt plaintiffs' tort claims; and 2) there were insufficient facts in the record for the district court to determine whether the ICCTA impliedly preempts plaintiffs' claims.

Appellate Information

• Decided 09/24/2007
• Published 09/25/2007

Judges

• McCONNELL, Circuit Judge., Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• D. Kenyon Williams, Jr., Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., for Plaintiffs-Appellants.


• For Appellees:
  
• W.G. “Gil” Steidley, Jr., Steidley & Neal, P.L.L.C. (C. Ryan Norton, Rex M. Terry, Hardin, Jesson & Terry, PLC, with him on the brief), for Defendant-Appellee.