[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

SEPTEMBER 26, 2011

No. 10-13561

JOHN LEY

________________________

CLERK

D.C. Docket Nos. 5:09-cv-00045-LGW-JEG, 5:10-cv-00013-LGW-JEG 5:09-cv-00045 JAMES VICTOR PAULK, TAMMY PAULK, lllllllllllllllllllll Plaintiffs - Appellants,

versus CSX TRANSPORTATION, INC., a corporation, lllllllllllllllllllll Defendant - Appellee. __________________________________________________________ 5:10-cv-00013 TAMMY PAULK, JAMES VICTOR PAULK, lllllllllllllllllllll Plaintiffs - Appellants,

versus CSX TRANSPORTATION, INC. a corporation, lllllllllllllllllllll Defendant - Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

________________________

(September 26, 2011) Before TJOFLAT, CARNES, and ANDERSON, Circuit Judges. PER CURIAM:

The judgment of the district court is affirmed on the basis of Pace v. CSX Transp., Inc., 613 F.3d 1066 (11th Cir. 2010), which was issued after the plaintiffs filed their notice of appeal. Any remedy for the plaintiffs must come from the Surface Transportation Board.1

1

This case was removed from the oral argument calendar under the provisions of 11th Cir. R. 34-3(f).

2