MD Mall Associates v. CSX Trans Inc, No. 12-1934 (3d Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 30, 2013.
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 12-1934 _____________ MD MALL ASSOCIATES, LLC Trading as MacDade Mall Associates, L.P., Appellant, v. CSX TRANSPORTATION , INC. _______________ 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 _______________ Argued January 8, 2013 Before: RENDELL, FISHER, and JORDAN, Circuit Judges. (Filed: April 30, 2013) _______________ 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 _______________ 2 ORDER AMENDING OPINION _______________ 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 3
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