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HILTON v. SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION

No. 90-848.

502 U.S. 197 (1991)

112 S.Ct. 560

116 L.Ed.2d 560

HILTON v. SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION

Supreme Court of United States.

Decided December 16, 1991.

Attorney(s) appearing for the Case

Robert J. Beckham argued the cause and filed briefs for petitioner.

Keating L. Simons III argued the cause and filed a brief for respondent.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, and Souter, JJ., joined. Blackmun, J., concurred in the judgment. O'Connor, J., filed a dissenting opinion, in which Scalia, J., joined, p. 207. Thomas, J., took no part in the consideration or decision of the case.

Justice Kennedy, delivered the opinion of the Court.

In this case we must decide whether the Federal Employers' Liability Act (FELA), 53 Stat. 1404, 45 U. S. C. §§ 51-60, creates a cause of action against a state-owned railroad, enforceable in state court. We hold that it does, reaffirming in part our decision in Parden v. Terminal Railway of Alabama Docks Dept., 377 U.S. 184 (1964).

I

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