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HUSEBY v. BD. OF CTY. COM'RS OF COWLEY CTY.

No. 89-1504-C.

754 F.Supp. 844 (1990)

Duane and Phyllis HUSEBY, Husband and wife, Plaintiffs, v. The BOARD OF COUNTY COMMISSIONERS OF COWLEY COUNTY, KANSAS, Defendant.

United States District Court, D. Kansas.

December 20, 1990.

Attorney(s) appearing for the Case

David P. Calvert, Focht, Hughey, Hund and Calvert, Wichita, Kan., for plaintiffs.

Alan L. Rupe, Grace and Rupe, Wichita, Kan., for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendant's motion for summary judgment. Plaintiffs' son, Mark Huseby, was killed when the car he was driving on a highway in Cowley County, Kansas, struck a train. The railway crossing was marked by an advance railway warning sign, two sets of rumble strips, a warning symbol painted on the pavement and a wooden railroad cross-buck warning sign. Defendant, Board of County Commissioners...

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