Robert B. Burns
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Reported Decisions as Trial/Appellate Counsel
- Missouri Pacific R. Co. v. Navarro,
90 S.W.3d747 (Tex.App.-San Antonio, 2002) (Court reversed
and rendered take nothing judgment, holding trial court had
abused its discretion in admitting opinions of plaintiffs' experts)
- Missouri Pacific R. Co. v. Aldrete,
945 S.W.2d 148 (Tex. App.-San Antoinio, 1996) (Appellate
Court reformed and reduced excessive ad litem fee award by trial
court.)
- Wormley v. Southern Pacific Transp.
Co., 863 F. Supp. 382 (E.D.Tex. 1994) (Court denied plaintiffs'
motion to remand their wrongful death action to state court.)
- Missouri Pacific R. Co. v. Railroad
Com'n of Texas, 948 F.2d 179, 1992 (5th Cir.(Tex.) 1991)
(Affirmed judgment of District Court, which held that the state
rail safety regulation requiring walkways to be installed on
each side of yard railroad tracks was preempted.)
- Missouri Pacific R. Co. v. Railroad
Com'n of Texas, 823 F.Supp 1360 (W.D. Tex., 1990) (The
court held that the state rail safety regulation requiring walkways
to be installed on each side of yard railroad tracks was preempted
by federal regulatory occupation of the subject matter permanently
enjoining enforcement of the state statute.)
- Missouri Pacific R. Co. v. Killam Oil
Co., 762 S.W.2d 271 (Tex. App.-San Antonio, 1988) (The
court granted appellant railroad's application for a writ of
mandamus to respondent judge, finding that the county court
at law had jurisdiction over the condemnation action.
- Pollard v. Missouri Pacific R. Co.,
759 S.W.2d 670 (Tex.1988) (Writ of error granted and
summary judgment for defendant reversed because genuine issues
of fact existed with respect to contractual retention of a right
of control.)
- Missouri Pacific R. Co. v. Railroad
Com'n of Texas, 850 F.2d 264 (5th Cir.(Tex.)1998) (The
court affirmed the decision of the district court, which found
a Texas railroad administrative regulation requiring, under
specified circumstances, that all trains have a manned caboose,
was preempted by federal law.)
- Missouri Pacific R. Co. v. Railroad
Com'n of Texas, 671 F. Supp. 466 (W.D. Tex. 1987) (District
Court held federal law preempted state law requiring caboose
on trains.)
- Missouri Pacific R. Co. v. Railroad
Com'n of Texas, 653 F.Supp. 617 (W.D. Tex. 1987) (District
Court granted summary judgment in favor of railroads, holding
several Texas Railroad Commission rules were preempted by federal
law.
- Walding v. Atlas Van Lines, Intern.
632 F.Supp. 703 (W.D. Tex., 1986) (District Court granted
Defendant's Motion to Dismiss for want of jurisdiction in Plaintiff's
claim for property loss and damage.)
- State of Tex. v. U.S., 730 F.2d 339
(5th Cir. (Tex.), 1984) (The court affirmed the trial
court's dismissal of the suit by appellants, state regulators,
challenging railroad deregulation statute. The court ruled that
the statute was a valid exercise of the commerce power.)
- Osuna v. Southern Pacific R.R., 641
S.W.2d 229 (Tex., 1982) (The court reversed the lower
courts' judgments, which had granted summary judgment in favor
of respondent railroad in petitioner driver's negligence action
for damages sustained in a railroad crossing collision. Even
if respondent was not legally required to install signal lights,
the fact that it had undertaken to install such lights created
a duty to maintain the lights in working order.)
- Osuna v. Southern Pacific R.R., 627
S.W.2d 245 (Tex. App.-Waco, 1982) (The court affirmed
the summary judgment rendered by the trial court in favor of
defendant railway company in plaintiff driver's action for injuries
sustained in an automobile-train collision at defendant's railway
crossing.)
- First Federal Sav. And Load Ass'n of
Navasota v. Community Sav. And Loan Ass'n of College Station,
592 S.W.2d 418 (Tex.Civ.App.-Waco.1979) (The judgment
affirming the order of the Savings and Loan Commissioner of
Texas granting a branch office to appellee applicant, a savings
and loan association, was affirmed.)
- Southern Pac. Transp. Co. v. Railroad
Commission of Texas, 592 S.W.2d 74 (Tex. Civ. App.-Austin, 1979)
(The court reversed the decision of the lower court requiring
appellant railroad to reestablish and maintain a railroad track
to serve local industry.)
- Vandergriff v. First Federal Sav. And
Loan Ass'n of Breckenridge, Tex., 586 S.W. 2d 841 (Tex., 1979)
(Supreme Court reversed appellate court, reinstating Commission
approval for new savings and loan branch office.)
- Southern Nat. Bank of Houston v. City
of Austin, 582 S.W.2d 229 (Tex. Civ. App.-Tyler, 1979)
(Appellate court held all municipal historical landmark ordinances
were unconstitutional.)
- First Federal Sav. and Loan Ass'n of
Breckenridge, Tex. v. Vandygriff, 576 S.W.2d 904 (Tex. Civ.
App.-Austin, 1979)(The court affirmed the judgment that
dismissed appellant savings and loan's action for lack of jurisdiction,
but remanded to provide appellant with another opportunity to
properly plead extrinsic fraud.)
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