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CSX TRANSPORTATION, INC. v. GENERAL MILLS, INC.

No. 22-10922.

82 F.4th 1315 (2023)

CSX TRANSPORTATION, INC., Plaintiff-Appellant, v. GENERAL MILLS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: October 5, 2023.

Attorney(s) appearing for the Case

Evan Mark Tager , Mayer Brown, LLP, Washington, DC, R. Stan Baker , Karen Jenkins Young , The Jordan Firm, St Simons Is, GA, Grant Cox Buckley , Randall A. Jordan , Jordan & Moses, St Simons Is, GA, Daryl Glenn Clarida , Eileen Margaret Crowley , Hall Bloch Garland & Meyer, LLP, Atlanta, GA, Ana Davis Johnson , Lauren Vickroy Purdy , David M. Wells , Gunster Yoakley & Stewart, PA, Jacksonville, FL, Christopher R. Jordan , Hunter, Maclean, Exley & Dunn, PC, St Simons Island, GA, Douglas Allen Smith , Mayer Brown, LLP, Los Angeles, CA, for Plaintiff-Appellant.

Emily A. Ambrose , Benjamin W. Hulse , Mary S. Young , Norton Rose Fulbright US LLP, Minneapolis, MN, Jerry W. Blackwell , Corey L. Gordon , Ted David Hartman , Blackwell Burke, PA, Minneapolis, MN, Catherine Ann McCormack , Hawkins Parnell & Young, LLP, Atlanta, GA, for Defendant-Appellee.

Before William Pryor, Chief Judge, Jill Pryor, Circuit Judge, and Proctor, District Judge.

CSX Transportation, Inc. is a freight railroad company that provides rail transportation services. General Mills, Inc., a food company, operates a cereal processing plant in Georgia near one of CSX's rail lines. A small connecting railroad known as a "sidetrack" connects CSX's main rail line to General Mills's plant, allowing...

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