United States Eleventh Circuit

In a nuisance claim stemming from defendant's construction and use of a side track adjacent to property owned by plaintiffs, summary judgment for defendant is affirmed where the language of 49 U.S.C. section 10501(b) plainly conveyed Congress's intent to preempt all state law claims pertaining to the operation or construction of a side track.

Appellate Information

• Decided 08/05/2010
• Published 08/06/2010

Judges

• Joel F. Dubina

Court

• United States Eleventh Circuit

Counsel