CSX Transportation, Inc. v. City of Pensacola

*277ORDER

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, Inc. (“CSX”) is a rail common carrier. In the course of its business, CSX transports loaded railcars to the Port for unloading and subsequent transfer of the goods contained in the railcars to ocean going vessels.

CSX…