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EX PARTE CSX TRANSP., INC.

1041971 and 1050016.

938 So.2d 959 (2006)

Ex parte CSX TRANSPORTATION, INC. (In re Shamalita Franklin et al. v. City of Athens and CSX Transportation, Inc.) Ex parte City of Athens. (In re Shamalita Franklin et al. v. City of Athens and CSX Transportation, Inc.)

Supreme Court of Alabama.

March 10, 2006.

Attorney(s) appearing for the Case

Morris Wade Richardson and Elizabeth Redding Floyd of Adams & Reese LLP/Lange Simpson, Birmingham, for petitioner CSX Transportation, Inc.

Benjamin R. Rice of Spurrier, Rice & Hall, Huntsville, for petitioner City of Athens.

William D. Davis III of Davis & Associates, P.C., Huntsville, for respondent.

Kenneth Smith, league counsel, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the City of Athens.

George W. Royer, Jr., and Scott W. Faulkner of Lanier Ford Shaver & Payne, P.C., Huntsville, for amicus curiae City of Huntsville, in support of the City of Athens.

Craig S. Dillard and Bart Harmon of Webb & Eley, P.C., Montgomery, for amicus curiae Association of County Commissions of Alabama, in support of the City of Athens.

LYONS, Justice.

Shamalita Franklin, Daphne Johnson, Genny Ervin, and Florene Hanserd-Yarbrough1 appealed to this Court from a summary judgment entered in favor of CSX Transportation, Inc., and the City of Athens. We transferred the appeal to the Court of Civil Appeals pursuant to § 12-2-7(6), Ala.Code 1975. The Court of Civil Appeals reversed the judgment. Franklin v. City of Athens, 938 So.2d 950

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