United States Fifth Circuit

The Federal Railroad Safety Act, 49 USC 20101-20153, and a regulation promulgated thereunder, 49 CFR 213.9, which set maximum train speeds for different classes of tracks, preclude a railroad employee's negligence action based on employee's claim that a train's speed was excessive under the circumstances.

Appellate Information

• Decided 02/06/2001
• Published 02/06/2001

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gary Eugene White,Blackwell & White, Gulfport, MS, Frank O Burge, Jr. (argued), Burge & Wettermark, Birmingham, AL, for Donald G. Lane., Patrick Holt Zachary (argued), Zachary & Leggett, Hattiesburg, MS, for R.A. Sims, Jr., Inc., Patrick Russell Buchanan (argued), Raymond L. Brown, Brown, Watt & Buchanan, Biloxi, MS, for CSX Transportation, Inc., Brent A. Talbot, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Association of American Railroads, Amicus Curiae.