PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEPTEMBER 08, 2000
No. 98-8436
THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 96-03509-1-CV-MHS
CITY OF MARIETTA,
Plaintiff-Appellant,
versus
CSX TRANSPORTATION, INC.,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(September 8, 2000)
Before EDMONDSON, COX and MARCUS, Circuit Judges.
PER CURIAM:
This is our second opinion in this appeal in which the City of Marietta seeks to
reverse summary judgment in favor of CSX Transportation on the City’s claims
arising from CSX’s closure of two pedestrian railroad crossings. See City of Marietta
v. CSX Transp., 196 F.3d 1300 (11th Cir. 1999). In the first opinion, we asked the
Georgia Supreme Court whether “the public [can] acquire a right against the State of
Georgia, and hence against its lessee CSX, to use the crossings at Depot and Dobbs
Streets, such that the streets may not be closed without Marietta’s consent?” Id. at
1309.
The Georgia Supreme Court has now answered the question “in the negative.”
City of Marietta v. CSX Transp., No. S00Q0515, ms. op. at 5 (Ga. July 10, 2000). As
we observed in certifying the question, a “no” would be dispositive of all of the City
of Marietta’s Georgia-law claims. See City of Marietta, 196 F.3d at 1307-08. The
Georgia Supreme Court has not corrected our reading of Georgia law on that point,
and we therefore conclude that the district court’s summary judgment in CSX’s favor
must be
AFFIRMED.
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