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CITY OF MARIETTA v. CSX TRANSPORTATION, INC.

No. 98-8436.

196 F.3d 1300 (1999)

CITY OF MARIETTA, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 29, 1999.

Attorney(s) appearing for the Case

Douglas R. Haynie, Marietta, GA, for Plaintiff-Appellant.

Walter E. Sumber, Angela M. Nixon, GA Municipal Assoc., Atlanta, GA, for Amicus GA Municipal Association.

Matthew D. Williams, Sandra Gray, Atlanta, GA, for Defendant-Appellee.

Ray O. Lerer, Senior Asst. Atty. Gen., George S. Zier, Asst. Atty. Gen., Atlanta, GA, for Amicus State of Georgia.

Before EDMONDSON, COX and MARCUS, Circuit Judges.

COX, Circuit Judge:

CSX Transportation, Inc. (CSX) runs a railroad that passes through Marietta, Georgia. When CSX closed two pedestrian grade crossings in Marietta without warning, the City of Marietta sued. The district court granted CSX summary judgment, and Marietta appeals. Because CSX leases the railroad from the State of Georgia, we raised sua sponte the issue of whether Georgia is an indispensable party under Fed.R.Civ.P. 19. We conclude that the action may...

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