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Limmer, Smith, and Nothnagel v. Missouri Pacific Railroad Co.

Petition for certiorari denied on October 4, 2010

Docket No. Op. Below Argument Opinion Vote Author Term
09-1255 Supreme Court of Texas N/A N/A N/A N/A OT 2010

Issue: Whether the federally funded addition of a component of a warning device (retroreflective tape) to an existing warning device (a crossbuck warning sign) at a railroad crossing is the installation of a “warning device”? under 23 C.F.R. § 646.214(b)(3) and (4), thereby preempting state-law claims of negligence.

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