Lawsuit against Montana Rail Link properly dismissed, appeals court rulesPosted at 10:45 p.m. Aug. 2

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LINCOLN, Neb. - Claims that a negligent inspection led to a November 2000 train derailment and extensive chemical spill in Scottsbluff were properly dismissed by a lower court, the 8th U.S. Circuit Court of Appeals ruled Tuesday.

A three-judge panel of the court upheld the ruling made last year by U.S. District Judge Richard Kopf in Lincoln. He dismissed the lawsuit filed against Burlington Northern and Santa Fe and Montana Rail Link railroads.

Ninety plaintiffs filed claims after 18 cars of an 84-car freight trained derailed, spilling 85,000 gallons of liquid chemicals and forcing 1,000 people to flee.

An investigation determined that a coupler connecting two cars failed.

The lawsuit alleged that investigators for Montana Rail Link were negligent in not finding the problem during an inspection two days before the derailment and that Burlington Northern should be liable because it was hauling benzene through populated areas.

Kopf ruled in favor of the railroads, saying the claims brought were pre-empted by federal regulations related to rail car inspections. The Scottsbluff residents appealed, but the 8th Circuit ruled there was no reason to overturn the lower court's decision.

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