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McCRARY v. KANSAS CITY SOUTHERN R.R.

No. 1:00-CV-241.

121 F.Supp.2d 566 (2000)

Bernard McCRARY and Carol J. McCrary, individually and as representatives of the estate of Angelica McCrary Plaintiff, v. KANSAS CITY SOUTHERN RAILROAD, The Kansas City Southern Railway Co., and Tilmon Thomas Tolson Defendants.

United States District Court, E.D. Texas, Beaumont Division.

June 15, 2000.

Attorney(s) appearing for the Case

Gilbert T. Adams, Jr., Beaumont, TX, for Plaintiff.

Daniel V. Flatten, Jenkins & Gilchrist, Houston, TX, for Defendants.

MEMORANDUM OPINION

COBB, District Judge.

Plaintiffs' Motion to Remand [doc # 4] is now before the court in this railroad crossing accident case. Because the court concludes that the defendant Kansas City Southern Railway Company [KCS] properly removed this action, the court will deny the plaintiffs' motion.

I. BACKGROUND

On March 9, 1998, Angelica McCrary was driving an automobile which collided with a train owned and operated by...

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