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

No. 02-12261.

325 F.3d 1236 (2003)

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

United States Court of Appeals, Eleventh Circuit.

March 27, 2003.

Attorney(s) appearing for the Case

Amy R. Snell, James W. Purcell, Fulcher, Hagler, Reed, Hanks & Harper, Augusta, GA, for Plaintiffs-Cross-Defendants-Appellants.

Christopher L. Ray, Patrick T. O'Connor, Oliver, Maner & Gray, LLP, Edward R. Stabell, III, Brennan, Harris & Rominger, Savannah, GA, for City of Garden City and ARCO, Inc.

Before ANDERSON, BIRCH and BARKETT, Circuit Judges.

BIRCH, Circuit Judge:

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF GEORGIA, PURSUANT TO O.C.G.A. § 15-2-9. TO THE SUPREME COURT OF GEORGIA AND ITS HONORABLE JUSTICES:

In this case we must determine under what circumstances, if any, a Georgia municipality may contractually indemnify a private party for loss, damage, or liability arising in connection with a public works project involving the private...

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