Court of Appeals for the Eighth Circuit September 30, 1986, 85-1683 (Burlington Northern Railroad Company v. State of Nebraska the Nebraska Public Service Commission)

JOHN R. GIBSON, Circuit Judge.

Burlington Northern Railroad Company appeals from an order of the district court upholding the constitutionality of Nebraska’s statute requiring that the last car on any train over 1,000 feet long operating in the state be a manned caboose. Neb.Rev. Stat. § 74-5,100 (Cum.Supp.1984) (LB 179).