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RUSHING v. KANSAS CITY SOUTHERN RY. CO.

No. 98-60590.

185 F.3d 496 (1999)

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

United States Court of Appeals, Fifth Circuit.

August 30, 1999.

Attorney(s) appearing for the Case

Thomas W. Prewitt, Ridgeland, MS, for Plaintiffs-Appellants.

Charles Edwin Ross, Chad Michael Knight, Wise, Carter, Child & Caraway, Jackson, MS, for Defendant-Appellee.

Before KING, Chief Judge, and SMITH and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Willard and Patricia Rushing appeal the dismissal of their nuisance action brought against Kansas City Southern Railway Company ("KCS"). Concluding that the district court took an over-expansive view of federal preemption and overlooked genuine issues of material fact in entering summary judgment for KCS, we reverse and remand for further proceedings.

I.

According to the summary judgment record, the Rushings purchased...

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