ORDER
VINSON, District Judge.
Pending is the motion of defendant City of Pensacola for summary judgment. (doc. 9).
Except as noted, the following facts are undisputed in the record. Plaintiff CSX Transportation, Inc. ("CSX"), a Virginia corporation, is a rail common carrier, with its principal place of business in Jacksonville, Florida. Pursuant to the provisions of the Interstate Commerce Act [49 U.S.C. § 10101 et seq.], CSX has published...
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