MARSHALL v. KANSAS CITY SOUTHERN RY. CO.

No. CIV.A. 3:04CV871BN.

372 F.Supp.2d 916 (2005)

Merlean MARSHALL, Alphonzo Marshall, and Eric Shepard, Individually and on Behalf of All Wrongful Death Beneficiaries of Lucy R. Shepard, Deceased Plaintiffs v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Eric W. Robinson, the Estate of Robert E. Everett, C.L. Duett and John Does 1 Through 10 Defendants

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

April 20, 2005.


Attorney(s) appearing for the Case

Herbert Lee, Jr., Lee & Associates, Leonard McClellan, Lee & Associates, Jackson, MS, Roy Noble Lee, Jr., Lee & Lee, Thomas D. Lee, Lee & Lee, MS, for Merlean Marshall, Alphonzo Marshall, Eric Shepard individually and on behalf of all wrongful death beneficiaries of Lucy R. Shepard, deceased, Plaintiffs.

Charles T. Ozier, Wise, Carter, Child & Caraway, Charles H. Russell, III, Wise, Carter, Child & Caraway, Jackson, for Kansas City Southern Railway Company, Defendant.


OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on Plaintiffs' Motion to Remand. Having considered the Motion, the Response and the Rebuttal, as well as supporting and opposing authority, the Court finds that it is well taken and should be granted.

I. Background and Procedural History

On July 10, 1998, a collision between a train and an automobile occurred at the Cedar Street railroad crossing in Forest...

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