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143898P.pdf   12/28/2015  Thomas Tubbs  v.  STB
   U.S. Court of Appeals Case No:  14-3898
   Petition for Review of an Order of the Surface Transportation Board   
   [PUBLISHED] [Smith, Author, with Murphy and Melloy, Circuit Judges] 
   Petition for Review - Surface Transportation Board. Where plaintiffs 
   alleged the BNSF Railway's maintenance caused flood damage to their 
   property, the Surface Transportation Board did not err in concluding the 
   Tubbses' state-law claims were preempted by the Interstate Commerce 
   Commission Termination Act, 49 U.S.C. Sec. 10501(b) as the decision was 
   supported by substantial evidence in the record; the Tubbses did not 
   properly challenge the Board's use of the 
   unreasonable-burden-or-interference test for as-applied challenges to 
   preemption under the Act, and the court would not overturn it.