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IN RE PETITION OF CSX TRANSPORTATION, INC.

No. 2010-0127.

124 Ohio St.3d 1235 (2010)

2010-Ohio-1316

IN RE PETITION OF CSX TRANSPORTATION, INC., TO CLOSE TO VEHICULAR TRAFFIC THE COUNTY ROAD 205/ULSH ROAD GRADE CROSSING (262-061N), LOCATED IN CLARIDON TOWNSHIP, MARION COUNTY, OHIO.

Supreme Court of Ohio.

Decided April 1, 2010.

Attorney(s) appearing for the Case

Brent W. Yager, Marion County Prosecuting Attorney, for appellant, Claridon Township Board of Trustees.

Richard Cordray, Attorney General, and Duane W. Luckey and William L. Wright, Assistant Attorneys General, for appellee, Public Utilities Commission of Ohio.

Porter, Wright, Morris & Arthur, L.L.P., R. Leland Evans, and Megan E. Bailey, for intervening appellee, CSX Transportation, Inc.

{¶ 1} This cause is pending before the court as an appeal from the Public Utilities Commission of Ohio. Appellee and intervening appellee have filed motions to dismiss the appeal for lack of jurisdiction, asserting that appellant failed to perfect its appeal.

{¶ 2} The motions to dismiss are granted. Accordingly, this cause is dismissed.

MOYER, C.J., and LUNDBERG STRATTON...

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