Holland v. CSX Transportation, Inc.

SCHEB, Acting Chief Judge.

The appellants challenge entry of a final summary judgment in favor of the appel-lees. They argue that there existed material issues of genuine fact precluding resolution by summary judgment. We agree and reverse.

The appellants, Florida Farms, Jerry Don Holland, and Carl J. Denholtz, alleged in their complaint that the appellees CSX Transportation, Inc., and its alleged successor in interest, Seminole Gulf Railway Limited Partnership, violated an agreement that required CSX to maintain a sidetrack located on the appellants’ property. The appellants claimed that CSX…