Willard Rushing and Patricia Rushing v. Kansas City Southern Railway Company

U.S. Court of Appeals, Fifth Circuit · Decided 1999-08-30

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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. Ac…

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