Rushing v. Kansas City Southern Ry. Co.

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the Motion of the Defendant to Dismiss for lack of federal subject matter jurisdiction. In the alternative, the Defendant seeks partial summary judgment on the Plaintiffs’ common law claim of nuisance. The Court has considered the motion, response, rebuttal, attachments to each and supporting and opposing authority and finds that the Motion to Dismiss should be granted in part and denied in part.

I. Factual Background and Procedural History

The subject of this cause of action relates to the operation by the Defendant,…