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CSX TRANSP. v. BD. OF PUBLIC WORKS OF W. VIRGINIA

Civ. A. No. 2:93-0695.

871 F.Supp. 897 (1995)

CSX TRANSPORTATION, INC. and Nicholas, Fayette and Greenbrier Railroad Company, Plaintiffs, v. BOARD OF PUBLIC WORKS OF the STATE OF WEST VIRGINIA, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

January 9, 1995.

Attorney(s) appearing for the Case

John R. Fowler, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, Anne M. Stolee, James W. McBride, Baker, Donelson, Bearman & Caldwell, Washington, DC, for plaintiff.

Katherine A. Schultz and Barry L. Koerber, Asst. Attys. Gen., Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

On November 8, 1994 this matter came on for trial before the Court sitting without a jury. Following the presentation of evidence by the parties, the Court took the matter under advisement, and Ordered the parties to submit post-trial briefs. The parties have complied and this matter is ripe for adjudication.

I.

The plaintiffs, railroad companies owning property in West Virginia, brought...

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