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ELAM v. KANSAS CITY SOUTHERN RY. CO.

No. 10-60227.

635 F.3d 796 (2011)

Barbara ELAM; Bobby Elam, Plaintiffs-Appellants, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY; Ronald L. Michael, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 2011.

Attorney(s) appearing for the Case

Duncan Lee Lott , Casey Langston Lott (argued), Langston & Lott, P.A., Booneville, MS, for Plaintiffs-Appellants.

Charles Edwin Ross (argued), William B. Lovett, Jr. , Wise Carter Child & Caraway, P.A., Jackson, MS, for Defendants-Appellees.

Jaffrey Robert White , Center of Constitional Lit., P.C.,, Washington, DC, for Amicus Curiae.

Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiff-Appellant Barbara Elam allegedly suffered injuries when she drove her automobile into the side of a train. Elam and her husband brought this state law tort action against the train's owner and its engineer in Mississippi state court. The Elams claim the defendants were negligent per se in violating Mississippi's antiblocking statute, which purports to regulate the amount of time a train may occupy a crossing. The Elams also claim...

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