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FD 35792 · THOMAS TUBBS, TRUSTEE OF THE THOMAS TUBBS REVOCABLE TRUST AND INDIVIDUALLY, AND DANA LYNN TUBBS, TRUSTEE OF THE DANA LYNN TUBBS REVOCABLE TRUST AND INDIVIDUALLY--PETITION FOR DECLARATORY ORDER

Decision 43738

Served (printed as 10/31/2014) · Decision · Entire Board

DECISION FOUND THAT CLAIMS UNDER MISSOURI STATE LAW SEEKING COMPENSATION FROM BNSF RAILWAY COMPANY AND ITS CONTRACTOR, MASSMAN CONSTRUCTION CO., FOR FLOODING AND PROPERTY DAMAGE ALLEGEDLY CAUSED BY THE IMPROPER DESIGN, CONSTRUCTION, AND MAINTENANCE OF BNSF'S RAIL LINE ARE PREEMPTED BY FEDERAL LAW.

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