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CITY OF WYANDOTTE v. CONSOLIDATED RAIL CORP.

No. 00-1151.

262 F.3d 581 (2001)

CITY OF WYANDOTTE, a Michigan municipal corporation, Plaintiff-Appellee, v. CONSOLIDATED RAIL CORPORATION, also known as Conrail, also known as Conrail, Inc., a Pennsylvania corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2001.

Attorney(s) appearing for the Case

William R. Look (argued and briefed), Look, Makowski & Look, Wyandotte, MI, for Plaintiff-Appellee.

Gregory A. Clifton (briefed), Joseph J. McDonnell, Durkin, McDonnell, Clifton, Davis & O'Donnell, Detroit, MI, for Defendant-Appellant.

Before: JONES, COLE, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

R. GUY COLE, JR., Circuit Judge.

In this diversity action, Defendant-Appellant Consolidated Rail Corporation ("Conrail") appeals from the district court's grant of summary judgment in favor of Plaintiff-Appellee City of Wyandotte ("the City"). The underlying action stems from a dispute concerning whether Conrail is obligated to undertake certain cosmetic improvements of two bridges pursuant to a grade separation...

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