1 September 2005
...But Railroad Wants Suits Thrown Out
Bismark North Dakota - Canadian Pacific Railway has filed a motion in federal court in
Bismarck asking a judge to dismiss all claims resulting from a January 2002 derailment and chemical spill at Minot.
The railroad cites a recent appeals court decision in a case involving a November 2000 Burlington Northern Santa Fe Railroad derailment
and chemical spill in Scottsbluff, Nebraska.
Judges upheld a district court ruling that said violation of a federal regulation or law "is generally not recognized as
negligence" under Nebraska law.
Attorneys representing people making injury or wrongful death claims against the Canadian Pacific call the railroad's motion shameful
and ludicrous.
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