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

No. 02-12261.

355 F.3d 1295 (2004)

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.

January 12, 2004.

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:

This court certified to the Supreme Court of Georgia two questions of Georgia law that we found determinative of a case pending in this court and for which there appeared to be no controlling precedent. CSX Transp., Inc. v. City of Garden City, 325 F.3d 1236, 1249 (11th Cir.2003). The Georgia Supreme Court answered both certified questions, and, based on its...

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