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RUSHING v. KANSAS CITY SOUTHERN RY. CO.

No. CIV.A. 99-CV-185.

194 F.Supp.2d 493 (2001)

Willard R. RUSHING and Patricia Ann Rushing Plaintiffs v. KANSAS CITY SOUTHERN RAILWAY COMPANY Defendant

United States District Court, S.D. Mississippi, Jackson Division.

May 22, 2001.

Attorney(s) appearing for the Case

Thomas W. Prewitt, Thomas W. Prewitt, Attorney, Ridgeland, for Willard R. Rushing, Patricia Ann Rushing, plaintiffs.

Charles E. Ross, Chad M. Knight, Wise, Carter, Child & Caraway, Jackson, for Kansas City Southern Railway Company, defendants.

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the Motion of the Defendant to Dismiss for lack of federal subject matter jurisdiction. In the alternative, the Defendant seeks partial summary judgment on the Plaintiffs' common law claim of nuisance. The Court has considered the motion, response, rebuttal, attachments to each and supporting and opposing authority and finds...

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