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CSX TRANSP., INC. v. CITY OF GARDEN CITY

No. 99-12799.

235 F.3d 1325 (2000)

CSX TRANSPORTATION, INC., National Railroad Passenger Corporation, Plaintiffs-Appellants, v. The CITY OF GARDEN CITY, Defendant-Third-Party, Plaintiff-Appellee, ARCO, Inc., Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

December 15, 2000.

Attorney(s) appearing for the Case

L. Dean Best, James W. Purcell, Fulcher, Hagler, Reed, Hanks & Harper, Augusta, GA, for Plaintiffs-Appellants.

Patrick T. O'Connor, James Philip Gerard, Oliver, Maner & Gray, Savannah, GA, for City of Garden City.

Before ANDERSON, Chief Judge, and DUBINA and HILL, Circuit Judges.

HILL, Circuit Judge:

CSX Transportation, Inc. and the National Railroad Passenger Corporation filed this action against the City of Garden City, Georgia seeking indemnification in connection with a train/truck collision on the city's construction site. The district court entered summary judgment for the defendant city based upon municipal immunity. CSX Transportation, Inc. and the National Railroad Passenger Corporation bring this appeal.

I.

In 1996...

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