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FRIBERG v. KANSAS CITY SOUTHERN RY. CO.

No. 00-40270.

267 F.3d 439 (2001)

Gunard FRIBERG, Etc.; et al., Plaintiffs, Gunard Friberg, Individually & as Executor of the Estate of Martha Friberg, Deceased; Carl Friberg, Plaintiffs-Appellees, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 15, 2001.

Attorney(s) appearing for the Case

John M. Smith, Kelley Ann Williams (argued), Harbour, Boyland, Smith & Harris, Longview, TX, for Plaintiffs-Appellees.

Robert Kenneth Wise (argued), William Stephen Boyd, Worsham, Forsythe & Wooldridge, Dallas, TX, for Defendant-Appellant.

Before POLITZ and EMILIO M. GARZA, Circuit Judges, and HEAD, District Judge.

POLITZ, Circuit Judge:

The Kansas City Southern Railway Company appeals an adverse jury verdict finding it negligent and negligent per se for repeatedly blocking the primary road leading to the Fribergs' business, allegedly resulting in the failure of that business. Concluding that the causes of action asserted are preempted by the Interstate Commerce Commission Termination Act of 1995, we must reverse.

BACKGROUND

In 1964 the Fribergs purchased...

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