Legal Opinion

CSX Transportation, Inc. v. City of Garden City

District Court, S.D. Georgia

Decided March 30, 2005No. 498 CV 233PublishedCited by 2 opinions

1Opinion of the Court

ORDER

EDENFIELD, District Judge.

1. BACKGROUND

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. As previously noted, id., murky legal issues arise from the following factual background:

In 1996 [defendant] Garden City[, Georgia (the City)] entered into a series of agreements with [plaintiffs] CSX Transportation Inc. and its affiliates to utilize a railroad right-of-way to install water and…

2Cases cited28 opinions

  1. Precise v. City of RossvilleSupreme Court of Georgia · 1991
  2. CSX Transportation, Inc. v. City of Garden CityCourt of Appeals for the Eleventh Circuit · 2000
  3. Hibbs v. City of RiverdaleSupreme Court of Georgia · 1996
  4. J. C. Penney Co. v. Malouf Co.Supreme Court of Georgia · 1973
  5. CSX Transportation, Inc. v. City of Garden CitySupreme Court of Georgia · 2003

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3Cited by2 opinions

  1. Csx Transportation, Inc. v. City of Garden City, GaDistrict Court, S.D. Georgia · 2006
  2. LifeBrite Hospital Group, LLC v. ECHP, Inc.District Court, N.D. Georgia · 2024

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