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CSX TRANSPORTATION, INC. v. CITY OF FAYETTEVILLE

No. 235P16.

793 S.E.2d 245 (2016)

CSX TRANSPORTATION, INC. v. CITY OF FAYETTEVILLE and Public Works Commission of the City of Fayetteville, a/k/a Fayetteville Public Works Commission. City of Fayetteville, Third Party Plaintiff, v. Time Warner Cable Southeast, LLC, Third Party Defendant.

Supreme Court of North Carolina.

September 27, 2016.

Attorney(s) appearing for the Case

B. Tyler Brooks , Attorney at Law, Raleigh, Frank L. Gordon , Attorney at Law, for CSX Transportation, Inc.

Natasha M. Barone , Attorney at Law, J. Scott Flowers , Attorney at Law, Fayetteville, for City of Fayetteville, et al.

ORDER

Upon consideration of the petition filed on the 21st of June 2016 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 22nd of September...

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