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

No. S03Q1058.

588 S.E.2d 688 (2003)

277 Ga. 248

CSX TRANSPORTATION, INC., et al. v. CITY of GARDEN CITY, et al.

Supreme Court of Georgia.

October 20, 2003.

Attorney(s) appearing for the Case

Fulcher, Hagler, Reed, Hanks & Harper, James W. Purcell, Amy R. Snell, Augusta, for appellants.

Oliver, Maner & Gray, Patrick T. O'Connor, James P. Gerard, Christopher L. Ray, Paul H. Threlkeld, Brennan, Harris & Rominger, Edward R. Stabell, II, Savannah, for appellees.

Susan M. Pruett, Angela M. Nixon, Atlanta, Laurel E. Henderson, Decatur, Mullins, Whalen & Westbury, Andrew J. Whalen, III, Griffin, amici curiae.

HUNSTEIN, Justice.

This appeal involves certified questions from the United States Court of Appeals for the Eleventh Circuit.1 In 1996 Garden City entered into a series of agreements with CSX Transportation, Inc. and its affiliates to utilize a railroad right-of-way to install water and sewer lines. The agreements required Garden City to indemnify and hold harmless CSX or its subsidiaries for all liabilities CSX suffered in connection...

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