Southern Pacific Transportation Company v. James M. Brown

651 F.2d 613 SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Burlington Northern Inc., a Delaware Corporation, etc., et al., Plaintiffs-Appellants, v. James M. BROWN, Acting Attorney General of the State of Oregon, Defendant- Appellee, United Transportation Union, Intervening-Defendant-Appellee. No. 78-3573. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 15, 1980. Decided Oct. 30, 1980. James H. Clarke, Portland, Or., argued for plaintiffs-appellants; Roger J. Crosby, Dezendorf, Spears, Lubersky & Campbell, Randall B. Kester, Portland, Or., on brief. William Gary, Deputy Sol., Salem, Or., argued for defendant-appellee; Ivan S. Zackheim, Portland, Or., Al J. Laue, Salem, Or., on brief. On Appeal from the United States District Court for the District of Oregon. Before WRIGHT, KENNEDY and ALARCON, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 A 1975 Oregon statute restricts attempts by employers to negotiate settlements with employees injured in work-related accidents. ORS 17.075, 17.085, 17.990. 2 Several railroads sued the Oregon attorney general to enjoin enforcement of the Act, contending that it is preempted by federal law,…