United States Fifth Circuit

In a state law possessory action filed by a landowner to preserve a long-existing crossing over railroad tracks, judgment for defendant based on the preemption of plaintiff's claims under the Interstate Commerce Commission Termination Act is reversed where: 1) the dispute did not invoke laws that had the effect of managing or governing, and not merely incidentally affecting, rail transportation; and 2) there was no evidence in the record to permit a finding that the crossings created any unusual interference with the railroad.

Appellate Information

• Decided 01/06/2010
• Published 01/06/2010

Judges

• Leslie H. Southwick, Circuit Judge., Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel