[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS No. 06-10985 ELEVENTH CIRCUIT Non-Argument Calendar MAY 25, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 04-01654-CV-CC-1 THOMAS H. LUPO, Plaintiff-Appellant, versus NORFOLK SOUTHERN CORPORATION, Defendant-Appellee, WILLIAM SIRMANS, Defendant.

Appeal from the United States District Court for the Northern District of Georgia

(May 25, 2006) Before TJOFLAT, CARNES and PRYOR, Circuit Judges.

PER CURIAM: The sole question this appeal presents is whether triable issues of fact exist regarding the ownership/control of the railroad crossing where appellant was injured. The answer to the question is no, for the reasons stated in the district court’s January 5, 2006 granting appellee summary judgment.

AFFIRMED.