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RUSHING v. KANSAS CITY SOUTHERN RY. CO.

No. CIV.A.3:97-CV-419BN.

14 F.Supp.2d 869 (1998)

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

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

July 29, 1998.

Attorney(s) appearing for the Case

Thomas W. Prewitt, Thomas W. Prewitt, Attorney, Jackson, MS, for Plaintiffs.

Charles T. Ozier, Wise, Carter, Child & Caraway, Jackson, MS, for Defendants.

OPINION AND ORDER

BARBOUR, District Judge.

Willard and Patricia Rushing ("Plaintiffs" or "Rushings") filed this claim alleging that the noise emissions from the rail yard of Kansas City Southern Railway ("Kansas City" or "Defendant") are a nuisance. This cause is before the Court pursuant to Defendant's Motion for Partial Summary Judgment. At issue is whether the Plaintiffs' nuisance claim is preempted by the Noise Control Act. Having considered the...

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