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CSX TRANSP., INC. v. CITY OF PENSACOLA, FLA.

No. 94-30236-RV.

887 F.Supp. 275 (1995)

CSX TRANSPORTATION, INC., Plaintiff, v. The CITY OF PENSACOLA, FLORIDA d/b/a The Port of Pensacola, Defendant.

United States District Court, N.D. Florida, Pensacola Division.

January 5, 1995.

Attorney(s) appearing for the Case

Larry Hill, Moore, Hill & Westmoreland, Pensacola, FL, for plaintiff.

Don J. Caton, City of Pensacola, Office of the City Atty., Pensacola, FL, Stephen C. Herman, pro hac vice, Belnap, Spencer, McFarland & Herman, Chicago, IL, for defendant.

ORDER

VINSON, District Judge.

Pending is the defendant's motion to dismiss Counts II and III of the complaint for failure to state a claim upon which relief can be granted. (doc. 7).

I. BACKGROUND

The following factual allegations are all contained in the complaint. Defendant City of Pensacola ("City") owns and operates the Port of Pensacola ("the Port"). Plaintiff CSX Transportation,...

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