133170P.pdf   05/07/2015  Mark Griffioen  v.  Cedar Rapids & Iowa City etc.
   U.S. Court of Appeals Case No:  13-3170
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judge] 
   Civil case - Torts. In action alleging defendants' actions in failing to 
   properly build and maintain railroad bridges over the Cedar River as well 
   as their actions in weighing the bridges down caused or exacerbated the 
   2008 flooding in Cedar Rapids, Iowa, the district court did not err in 
   finding the case had been timely removed from state court, as a 
   defendant's timely removal notice indicating consent on behalf of a 
   codefendant, signed and certified pursuant to Rule 11 and followed by the 
   filing of a consent from the codefendant itself, sufficiently established 
   the codefendant's consent to removal; the district court erred in 
   concluding the Interstate Commerce Commission Termination Act, 49 U.S.C. 
   Sections 701-727, completely preempted plaintiffs' state-law claims and in 
   ordering the case transferred to the Surface Transportation Board, for 
   while the Act may completely preempt certain claims, the defendants had 
   failed to established that plaintiffs' claims fell within the scope of 
   those so preempted.