· 8/21/1995
Hester v. CSX Transportation, Inc.
Citations
- 61 F.3d 382
- 1995 U.S. App. LEXIS 23381
- 1995 WL 461593
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state law is preempted where federal funds merely participate, regardless of whether that participation is significant
- holding that the plaintiffs state law claims were preempted under (b)(4) because federal funds had been previously approved and expended to install passive warning devices
- “The fact that federal funds participated in the installation of the warning devices legally presupposes that the Secretary approved and authorized that expenditure, which in turn legally presupposes that the Secretary determined that the safety devices installed were adequate to their task.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Garwood, Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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