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CSX TRANSPORTATION, INC. v. CITY OF SEBREE, KY

No. 18-5647.

924 F.3d 276 (2019)

CSX TRANSPORTATION, INC., Plaintiff-Appellee, v. CITY OF SEBREE, KENTUCKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 14, 2019.

Attorney(s) appearing for the Case

ARGUED: Jennifer Parker Andrews , KING, DEEP & BRANAMAN, Henderson, Kentucky, for Appellant. Andrew E. Tauber , MAYER BROWN LLP, Washington, D.C., for Appellee. ON BRIEF: Jennifer Parker Andrews, H. Randall Redding , KING, DEEP & BRANAMAN, Henderson, Kentucky, for Appellant. Andrew E. Tauber , MAYER BROWN LLP, Washington, D.C., Christopher J. Ferro , MAYER BROWN LLP, Chicago, Illinois, Rod Payne , BOEHL STOPHER & GRAVES LLP, Louisville, Kentucky, for Appellee.

Before: COLE, Chief Judge; BATCHELDER and DONALD, Circuit Judges.

OPINION

In 1966, the City of Sebree, Kentucky (the "City") enacted an ordinance requiring CSX Transportation, Inc.'s ("CSX") predecessor to obtain approval from city council before commencing any maintenance or construction project that would result in any change in grade at any of the six railroad crossings in Sebree...

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