Derailment Hearing Held | KXNet.com North Dakota News

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Derailment Hearing Held

Exactly six years ago, residents of Minot went to sleep not realizing that in a few hours, something would happen that would make January 18th an unforgettable date.

About 1:30 in the early morning of that date, a Canadian Pacific Railway train jumped the tracks just west of Minot.

The accident ruptured several tanker cars carrying toxic anhydrous ammonia.

And because of the cold, calm weather, the cloud of the deadly gas settled over much of Minot for several hours.

The results were devastating - one man killed and hundreds, even thousands hurt.

After years of legal give and take, many individual lawsuits against the railroad were settled - either in court or out of court.

In addition, a class action lawsuit has been settled and about four thousand people are awaiting payments.

Meanwhile today, a three-judge panel in St. Louis heard arguments about whether the remaining individual lawsuits should be allowed to continue in state court.

8th Circuit Judges Kermit Bye of Fargo, Labenski Smith of Little Rock, and C. Arlen Beam of Lincoln, Nebraska listened to attorneys for CPRail and plaintiffs make their arguments.

At issue is a federal law passed last year that says individuals are allowed to collect damages in state courts from federally-regulated industries, such as railroads.

If the law is ruled constitutional, several lawsuits that have been in limbo for years could end up in front of juries in state courtrooms.

A decision in the case is not likely for several weeks.

There's a link on our website kxnet.com if you want to listen to the audio from today's court proceeding in St. Louis. watch the video | save this article / add to your favorites list


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