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MD MALL ASSOCIATES, LLC v. CSX TRANSP., INC.

No. 12-1934.

715 F.3d 479 (2013)

MD MALL ASSOCIATES, LLC Trading as MacDade Mall Associates, L.P., Appellant v. CSX TRANSPORTATION, INC.

United States Court of Appeals, Third Circuit.

Filed: April 30, 2013.

As Amended May 30, 2013.

Attorney(s) appearing for the Case

Marc B. Kaplin [Argued], Pamela M. Tobin , Kaplin, Stewart, Meloff, Reiter & Stein, Blue Bell, PA, for Appellant.

Richard P. Caldarone , Andrew Tauber [Argued], Mayer Brown, Washington, DC, Heather M. Gamache , John E. Young, IV , Flynn & Wirkus, Philadelphia, PA, for Appellee.

Before: RENDELL, FISHER, and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

MD Mall Associates, L.L.C. ("MD Mall"), appeals from the summary judgment entered against it by the United States District Court for the Eastern District of Pennsylvania on MD Mall's claims that CSX Transportation, Inc. ("CSX"), a railroad, is liable for storm water flooding MD Mall's property. For the reasons that follow, we will vacate the District Court's grant of summary judgment, and remand for further proceedings...

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