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EMERSON v. KANSAS CITY SOUTHERN RY. CO.

No. 06-7081.

503 F.3d 1126 (2007)

Larry EMERSON; Stephanie Emerson, Plaintiffs, and Revocable Trust of Charley L. Davis; Revocable Trust of Annie O. Davis, Plaintiffs-Appellants, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 24, 2007.

Attorney(s) appearing for the Case

D. Kenyon Williams, Jr., Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., for Plaintiffs-Appellants.

W.G. "Gil" Steidley, Jr., Steidley & Neal, P.L.L.C. (C. Ryan Norton, Rex M. Terry, Hardin, Jesson & Terry, PLC, with him on the brief), for Defendant-Appellee.

Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

McCONNELL, Circuit Judge.

This case concerns the preemptive scope of the Interstate Commerce Commission Termination Act of 1995 (ICCTA). Kansas City Southern Railway Company (Railroad), the defendant below, argued to the district court that the ICCTA preempts the state tort claims brought by the plaintiffs, who own land adjacent to the Railroad's track in Sequoyah County, Oklahoma. The district court accepted this argument and granted summary judgment in the Railroad...

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