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PCS PHOSPHATE CO., INC. v. NORFOLK SOUTHERN CORP.

Nos. 08-1266, 08-1285.

559 F.3d 212 (2009)

PCS PHOSPHATE COMPANY, INCORPORATED, Plaintiff-Appellee, v. NORFOLK SOUTHERN CORPORATION; Norfolk Southern Railway Company, Defendants-Appellants. PCS Phosphate Company, Incorporated, Plaintiff-Appellant, v. Norfolk Southern Corporation; Norfolk Southern Railway Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Craig Thomas Merritt, Christian & Bar-Ton, L.L.P., Richmond, Virginia, for Appellants/Cross-Appellees. Roy Bruce Thompson, II, Parker, Poe, Adams & Bernstein, L.L.P., Raleigh, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: R. Braxton Hill, IV, Christian & Barton, L.L.P., Richmond, Virginia, for Appellants/Cross-Appellees. Charles E. Raynal, IV, Parker, Poe, Adams & Bernstein, L.L.P., Raleigh, North Carolina, for Appellee/Cross-Appellant.

Affirmed by published opinion. Judge WILKINSON, wrote the opinion, in which Chief Judge WILLIAMS and Judge ALARÓn joined.

OPINION

WILKINSON, Circuit Judge:

This case involves a dispute between a rail carrier and a mine owner over payment for the relocation of the rail line that serves the mine. We affirm the district court's judgment that the rail carrier is liable for the payment pursuant to a covenant in the original deeds of easement granting the carrier's predecessor-in-interest a right-of-way across the mine's property. We hold that enforcement of the covenant is not preempted...

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