Bates v. Missouri & Northern Arkansas R. Co., Inc. , 548 F.3d 634 ( 2008 )

BEAM, Circuit Judge,

concurring and dissenting.

I concur in Part IV of the court’s opinion. For the reasons set forth in Parts B and C (Preemption and Retroactivity) of my dissent in Lundeen v. Canadian Pacific Railway Co., 532 F.3d 682, 696-702 (8th Cir.2008) (Lundeen II) and in Parts I and II of my dissent from denial of panel rehearing and rehearing by the court en banc in Lundeen II, I dissent from the conclusions reached in Parts II and III of the panel majority’s opinion in this case.