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WILMO ON THE BLUFFS, INC. v. CSX TRANSPORTATION

No. 89-590.

559 So.2d 294 (1990)

WILMO ON THE BLUFFS, INC., Appellant, v. CSX TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

March 29, 1990.

Attorney(s) appearing for the Case

Stephen B. Shell of Shell, Fleming, Davis & Menge, Pensacola, for appellant.

William H. Clark of Clark, Partington, Hart, Larry, Bond, Strackhouse & Stone, Pensacola, for appellee.

PER CURIAM.

Appellant, developer Wilmo on the Bluffs, Inc., challenges the trial court's summary judgment prohibiting construction of additional grade-level vehicular crossings traversing appellee's, railroad CSX Transportation, Inc., railroad right-of-way.1 Appellant asserts that the trial court abused its discretion by granting summary judgment where genuine issues of material fact remain for resolution. We disagree and affirm.

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