CSX Transportation, Inc. v. City of Garden City

BIRCH, Circuit Judge:

This court certified to the Supreme Court of Georgia two questions of Georgia law that we found determinative of a case pending in this court and for which there appeared to be no controlling precedent. CSX Transp., Inc. v. City of Garden City, 325 F.3d 1236, 1249 (11th Cir.2003). The Georgia Supreme Court answered both certified questions, and, based on its answers, we AFFIRM in part and REMAND in part.

The Georgia Supreme Court set out the facts as follows:

In 1996 Garden City entered into a series of agreements with CSX Transportation ' Inc. and its affiliates to utilize…