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EDWARDS v. CSX TRANSPORTATION, INC.

No. 19-1782.

983 F.3d 112 (2020)

Jimmy EDWARDS; Robert Hunt; Dolores Hunt; Clifford McKellar, Jr.; Emma McKellar; Antoinette Moore; West Lumberton Baptist Church; Currie Chain Saw, Incorporated; C.J.M. Ventures, Incorporated; William Locklear, d/b/a Stricklands's Barbershop; TBL Environmental Laboratory, Incorporated; Sammy's Auto Sales, Incorporated; Linda Sampson; Eric Chavis, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 15, 2020.

Attorney(s) appearing for the Case

ARGUED: William Franklin Cash, III , LEVIN PAPANTONIO THOMAS MITCHELL RAFFERTY & PROCTOR, P.A., Pensacola, Florida, for Appellants. April N. Ross , CROWELL & MORING LLP, Washington, D.C., for Appellee. ON BRIEF: Theodore J. Leopold , Martha Geer , Adam Langino , COHEN MILSTEIN SELLERS & TOLL PLLC, Raleigh, North Carolina; Daniel K. Bryson , Matthew E. Lee , Jeremy R. Williams , WHITFIELD BRYSON & MASON LLP, Raleigh, North Carolina; Gregory F. Coleman , GREG COLEMAN LAW PC, Knoxville, Tennessee; Mark R. Sigmon , SIGMON LAW, PLLC, Raleigh, North Carolina, for Appellants. Henry L. Kitchin, Jr. , MCGUIREWOODS LLP, Wilmington, North Carolina; Scott L. Winkelman , Amanda Shafer Berman , Rachel P. Raphael , CROWELL & MORING LLP, Washington, D.C., for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Harris and Judge Quattlebaum joined.

In this putative class action, residents and businesses of Lumberton, North Carolina allege that CSX Transportation caused their property to be flooded during Hurricanes Matthew and Florence. The district court dismissed each of their claims as either insufficiently pleaded or preempted...

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