United States Fifth Circuit

The Interstate Commerce Commission Termination Act of 1995 preempts actions under state laws regulating the length of time a train can block a highway as well as pursuant to common law, and section 10502 of the Act does not provide an exemption from the Board's jurisdiction.

Appellate Information

• Decided 10/05/2001
• Published 10/05/2001

Judges

• POLITZ, Circuit Judge:, Before POLITZ and EMILIO M. GARZA, Circuit Judges, and HEAD, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• John M. Smith, Kelley Ann Williams (argued), Harbour, Boyland, Smith & Harris, Longview, TX, for Plaintiffs-Appellees., Robert Kenneth Wise (argued), William Stephen Boyd, Worsham, Forsythe & Wooldridge, Dallas, TX, for Defendant-Appellant.