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

No. 498 CV 233.

391 F.Supp.2d 1234 (2005)

CSX TRANSPORTATION, INC., and National Railroad Passenger Corporation (AMTRAK), Plaintiffs, v. CITY OF GARDEN CITY, GEORGIA, Defendant/Third Party Plaintiff, v. Arco, Inc., Third Party Defendant.

United States District Court, S.D. Georgia, Savannah Division.

March 30, 2005.

Attorney(s) appearing for the Case

Amy R. Snell, Fulcher Law Firm, James W. Purcell, Fulcher, Hagler, LLP, Augusta, GA, L. Dean Best, Haynsworth, Sinkler & Boyd, PA, Charleston, SC, for CSX Transportation, Inc., and National Railroad Passenger Corporation.

Christopher L. Ray, James Philip Gerard, Patrick T. O'Connor, Paul Hughes Threlkeld, Oliver, Maner & Gray, LLP, Savannah, GA, for The City of Garden City.

Edward R. Stabell, III, Brennan, Harris & Rominger, Savannah, GA, Anthony M. Iannacio, H. Hamilton Rice, III, Keith M. Carter, Stephen F. Myers, Shackleford, Farrior, Stallings & Evans, PA, Tampa, FL, Richard A. Rominger, Brennan, Harris & Rominger, Savannah, GA, for Arco Inc.

ORDER

EDENFIELD, District Judge.

I. BACKGROUND

On second remand from the Eleventh Circuit, CSX Transp., Inc. v. City of Garden City, 355 F.3d 1295, 1297 (11th Cir.2004) ("CSX V"), this Court must determine the enforceability of a municipality's indemnification promise to a private party. Doc. # 119 at 1. As previously noted, id., murky legal issues arise...

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