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CITY OF MARIETTA v. CSX TRANSP., INC.

No. 98-8436.

225 F.3d 1283 (2000)

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

United States Court of Appeals, Eleventh Circuit.

September 8, 2000.

Attorney(s) appearing for the Case

Sandra Gray, Casey, Gilson & Williams, P.C., George Sering Zier, Dept. of Law/State of GA, Matthew D. Williams, Atlanta, GA, for Defendant-Appellee.

Ray O. Lerer, Atlanta, GA, for Amicus Curiae, GA Municipal Ass'n and State of Georgia.

Before EDMONDSON, COX and MARCUS, Circuit Judges.

PER CURIAM:

This is our second opinion in this appeal in which the City of Marietta seeks to reverse summary judgment in favor of CSX Transportation on the City's claims arising from CSX's closure of two pedestrian railroad crossings. See City of Marietta v. CSX Transp., 196 F.3d 1300 (11th Cir.1999). In the first opinion, we asked the Georgia Supreme Court whether "the public [can] acquire a right against the State of Georgia...

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