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CERNY v. MARATHON OIL CORPORATION

Civil Action No. SA-13-CA-562-XR.

MICHAEL A. CERNY and MYRA L. CERNY, INDIVIDUALLY AND A/N/F OF C.A.C., A MINOR, Plaintiffs, v. MARATHON OIL CORPORATION, MARATHON OIL EF LLC, and PLAINS EXPLORATION & PRODUCING COMPANY, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

October 7, 2013.

ORDER

XAVIER RODRIGUEZ, District Judge.

On this date, the Court considered its jurisdiction over this case. Because Plaintiffs' claims are not completely preempted by the Clean Air Act, the Court concludes that it lacks jurisdiction and remands the case to state court.

Background

Plaintiffs filed this lawsuit in state court, asserting claims under Texas common law for private nuisance, negligence, and negligence per se arising from Defendants...

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