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CITY OF GAINESVILLE, GEORGIA v. SOUTHERN RAILWAY COMPANY

No. 29758.

447 F.2d 502 (1971)

CITY OF GAINESVILLE, GEORGIA, Plaintiff-Appellee-Cross Appellant, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

September 2, 1971.

Attorney(s) appearing for the Case

Emory F. Robinson, Gainesville, Ga., Charles J. Bloch, Macon, Ga., Charles A. Horsky, James Hamilton, Washington, D. C., Ellsworth Hall, Jr., Macon, Ga., for appellant.

William B. Gunter, Samuel L. Oliver, Kenyon, Gunter, Hulsey & Sims, Gainesville, Ga., for appellee, City of Gainesville, Ga.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

PER CURIAM:

This is the second appellate appearance of this case. Our prior opinion is reported at 423 F.2d 588 (1970). We remanded the case to the District Court for findings on one issue. Our language was explicit:

"We do not hold that a municipality or a state does not have full power to require a railroad company to bear all the cost for a grade crossing safety device, nor that the Gainesville ordinance is unconstitutional...

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