PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-1934
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MD MALL ASSOCIATES, LLC
Trading as MacDade Mall Associates, L.P.,
Appellant,
v.
CSX TRANSPORTATION , INC.
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On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 11-cv-4068)
District Judge: Hon. Juan R. Sanchez
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Argued
January 8, 2013
Before: RENDELL, FISHER, and JORDAN, Circuit
Judges.
(Filed: April 30, 2013)
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Marc B. Kaplin [ARGUED]
Pamela M. Tobin
Kaplin, Stewart, Meloff, Reiter & Stein
910 Harvest Drive
P.O. Box 3037
Blue Bell, PA 19422
Counsel for Appellant
Richard P. Caldarone
Andrew Tauber [ARGUED]
Mayer Brown
1999 K Street, NW
Washington, DC 20006
Heather M. Gamache
John E. Young, IV
Flynn & Wirkus
1500 John F. Kennedy Blvd. - #312
Philadelphia, PA 19102
Counsel for Appellee
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ORDER AMENDING OPINION
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JORDAN, Circuit Judge.
IT IS NOW ORDERED that the above-captioned
opinion be amended as follows:
At the top of page 21, in the sentence beginning “The
railroad‟s argument”, “in Strozyk” shall be deleted, and, in
the citation that follows, “Stozyk, 358 F.3d at 273” shall be
deleted and replaced with “See supra at 18-19”.
On page 22, following the cite to “Cowden v. BNSF Ry. Co.,
… (E.D. Mo. 2010)” insert: “rev’d on other grounds, 690
F.3d 884, 893-94 (8th Cir. 2012) (reversing as premature the
grant of summary judgment because the district court had
raised FRSA regulations for the first time sua sponte and did
not give plaintiff an opportunity to „submit[] evidence of
FRSA violations‟ or to separately evaluate whether railroad
breached duty imposed by FRSA)”.
/s/ Kent A. Jordan
Circuit Judge
DATED: May 30, 2013
PDB/cc: All Counsel of Record
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