Legal Opinion
Willard Rushing and Patricia Rushing v. Kansas City Southern Railway Company
Court of Appeals for the Fifth Circuit
Decided August 30, 1999No. 98-60590PublishedCited by 242 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Willard and Patricia Rushing appeal the dismissal of their nuisance action brought against Kansas City Southern Railway Company (“KCS”). Concluding that the district court took an over-expansive view of federal preemption and overlooked genuine issues of material fact in entering summary judgment for KCS, we reverse and remand for further proceedings.
I
According to the summary judgment record, the Rushings purchased their home along KCS’s “main line” railroad track, where trains passed by only a couple of times each day. In 1996, however, KCS built a switching…
2Cases cited47 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
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3Cited by242 opinions
- Mathis v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
- Goodson v. City of Corpus ChristiCourt of Appeals for the Fifth Circuit · 2000
- Seatrax, Inc. v. Sonbeck International, Inc.Court of Appeals for the Fifth Circuit · 2000
- Cutting Underwater Technologies USA, Inc. v. Eni U.S. Operating Co.Court of Appeals for the Fifth Circuit · 2012
- Carney v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 2001
237 more not listed; retrieve them via the Exa API.