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CITY OF MARIETTA v. CSX TRANSP., INC.

No. S00Q0515.

533 S.E.2d 372 (2000)

272 Ga. 612

CITY OF MARIETTA v. CSX TRANSPORTATION, INC.

Supreme Court of Georgia.

July 10, 2000.

Attorney(s) appearing for the Case

Haynie, Litchfield & Crane, Douglas R. Haynie, Emilie K. Petrovich, Marietta, for appellant.

Casey, Gilson, Williams & Shingler, Matthew D. Williams, Sandra Gray, Atlanta, for appellee.

Walter E. Summer, Atlanta, amicus curiae.

FLETCHER, Presiding Justice.

CSX Transportation leases the Western and Atlantic Railroad from the State of Georgia, which owns the railroad right-of-way.1 After CSX closed two pedestrian crossings in the City of Marietta, the city sued CSX to reopen them. The district court granted summary judgment to CSX, and the city appealed to the Eleventh Circuit Court of Appeals, which certified the following...

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