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Thomas MASTROCOLA, Chris & Michelle Hammel, H/W and Michelle McDonald and Wardlaw & Joyce Hall, H/W and John & Peggy Weston, H/w, Petitioners v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Respondent
Opinions in this case
- Opinion — Per curiam
- Majority
*413 ORDER
PER CURIAM.
AND NOW, this 1st day of June, 2009, the Petition for Allowance of Appeal is GRANTED limited to the following issues:
1. Is federal preemption based upon choice-of-law preemption a waivable defense?
2. Are Petitioners’ claims in this suit preempted, or are they preserved from preemption by the clarifying amendment to FRSA at 49 U.S.C. § 20106(b)?