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LATHAM HOMES SANITATION v. CSX TRANSP.

No. A00A1007.

538 S.E.2d 107 (2000)

245 Ga. App. 573

LATHAM HOMES SANITATION, INC. v. CSX TRANSPORTATION, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied August 17, 2000.

Attorney(s) appearing for the Case

Aubrey T. Villines, Jr., Heidi A. Honis, Atlanta, for appellant.

Casey, Gilson & Williams, Matthew D. Williams, Glenn C. Tornillo, Atlanta, for appellees.

ELDRIDGE, Judge.

On August 23, 1996, Latham Homes Sanitation, Inc. and Mattie B. Acey brought a petition for the removal of obstructions from a private way in the Probate Court of Fulton County against CSX Transportation, Inc., because on July 30, 1996, CSX removed the railroad crossing and placed broken asphalt, railroad ties, and other debris, thereby blocking the crossing that they had previously used. They sought emergency removal of the obstruction under OCGA...

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