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MARSHALL v. KANSAS CITY SOUTHERN RAILWAYS

No. 2006-CA-00519-COA.

7 So.3d 265 (2007)

Merlean MARSHALL, Alphonzo Marshall and Eric Shepard, Individually and on behalf of all Wrongful Death Beneficiaries of Lucy Shepard, Deceased, Appellants v. KANSAS CITY SOUTHERN RAILWAYS COMPANY, Eric W. Robinson, The Estate of Robert Everett and C.L. Duett, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied August 19, 2008.

Attorney(s) appearing for the Case

James W. Craig, Jackson, Herbert Lee, attorneys for appellants.

Charles Edwin Ross, Charles Henry Russell, Benjamin Noah Philley, Jackson, attorneys for appellees.

Before KING, C.J., CHANDLER and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. Wrongful death beneficiaries filed two actions in the Circuit Court of Scott County against the defendant railway company and its employees. The first was removed to federal court where it was voluntarily dismissed without prejudice. The second case, now on appeal, was filed following the dismissal of the first. Upon motion of the railway company, the circuit court dismissed the beneficiaries' second action as barred by the statute...

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