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BURLINGTON NORTHERN R. CO. v. STATE OF MINN.

No. 88-5358.

882 F.2d 1349 (1989)

BURLINGTON NORTHERN RAILROAD COMPANY; Chicago and North Western Transportation Company; Duluth, Missabe & Iron Range Railway Company; Duluth, Winnipeg & Pacific Railway Company; Soo Line Railroad Company; Dakota, Minnesota & Eastern Railroad Corporation; Minnesota Commercial Railway Company; MNVA Railroad, Inc.; Otter Tail Valley Railroad Company, Inc.; and Wisconsin Central Ltd., Appellees, v. STATE OF MINNESOTA; Rudolph G. Perpich, Governor of the State of Minnesota; Hubert H. Humphrey III, Attorney General of the State of Minnesota; Michael A. McGrath, State Treasurer of the State of Minnesota; United Transportation Union; R.L. Marceau; G.P. Schiller; D.B. Snyder; Mel Winter; D.F. Markgraf; P.H. Bausch; R.D. Darsie; Raymond Nyman; Raymond A. Rask; J.E. Beyer; W.G. Frenz; and J.A. Morgan, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Mark B. Levinger, St. Paul, Minn., for appellants.

Betty Jo Christian, Washington, D.C., for appellees.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

The single issue in this appeal is whether the Minnesota occupied caboose law, Minn.Stat. § 219.559 (1988), which requires that an occupied caboose be attached to the end of a train, is preempted by the Federal Railroad Safety Act, 45 U.S.C. §§ 421-444 (1982), and the regulations of the Federal Railroad Administration (FRA). Burlington Northern Railroad Company and a group of other railroads operating in Minnesota brought...

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