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City will proceed with CSX suit

August 14, 1997

By JULIE E. GREENE

Staff Writer

Hagerstown officials will go forward with their plans to sue CSX Corp. and the Maryland Department of Transportation despite efforts by the state to have the railroad fix two rough crossings, the city administrator said Wednesday.

Robert Herstein, with the Maryland State Highway Administration, said a letter will be sent to CSX ordering the crossings at Park Lane and Northern Avenue fixed within 30 days or the company would be fined. The fine would be $100 a day for each crossing, he said.

The state is responsible for maintenance of the crossings, which CSX owns.

City Administrator Bruce Zimmerman said city officials were already aware of the possible fines.

"I don't think it changes our game plan," Zimmerman said.

City officials said Tuesday they wanted assurances the work would be done promptly and want to see a detailed plan or they would file suit within 10 days.

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City Councilman William M. Breichner said city officials expected the state to fine CSX months ago, but the state never followed up on it.

Stephen Thienel, CSX's regional vice president for state relations, had no comment on Wednesday.

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