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CSX TRANSPORTATION, INC. v. CITY OF GARDEN CITY, GA

No. 4:98 CV 223 BAE.

418 F.Supp.2d 1366 (2006)

CSX TRANSPORTATION, INC., and National Railroad Passenger Corporation (AMTRAK), Plaintiffs, v. CITY OF GARDEN CITY, GEORGIA, Defendant/Third Party Plaintiff, v. Arco, Inc., Third Party Defendant.

United States District Court, S.D. Georgia, Savannah Division.

January 26, 2006.

Attorney(s) appearing for the Case

Amy R. Snell, James W. Purcell, Fulcher Law Firm, Augusta, GA, L. Dean Best, Haynsworth, Sinkler & Boyd, PA, Charleston, SC, for Plaintiffs.

Christopher L. Ray, James Philip Gerard, Patrick T. O'Connor, Paul Hughes Threlkeld, Oliver, Maner & Gray, LLP, Savannah, GA, for Defendant/Third Party Plaintiff.

Edward R. Stabell, III, Brennan, Harris & Rominger, LLP, Savannah, GA, for Third Party Defendant.

ORDER

EDENFIELD, District Judge.

I. INTRODUCTION

On second remand from the Eleventh Circuit, CSX Transp., Inc. v. City of Garden City, 355 F.3d 1295, 1297 (11th Cir. 2004) (CSX V), this Court must determine the enforceability of a municipality's indemnification promise to a private party. Doc. # 119 at 1.

II. BACKGROUND

A. "A Simple...

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