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CSX TRANSP., INC. v. MADISON GROUP, INC.

No. CIV. A. 2:98-0140.

42 F.Supp.2d 624 (1999)

CSX TRANSPORTATION, INC., Plaintiff, v. MADISON GROUP, INC., et al., Defendants.

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

March 22, 1999.

Attorney(s) appearing for the Case

Andrew S. Zettle, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for plaintiff.

Jerry W. Cook, Cook & Cook, Madison, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiff's motion for summary judgment, which has been fully briefed. After careful consideration, the Court GRANTS the motion.

I. FACTUAL BACKGROUND

Plaintiff CSX Transportation, Inc. ("CSXT") operates a railway line that lies along the Spruce Fork of the Little Coal River in the vicinity of Madison, Boone County, West Virginia. CSXT assumed ownership of the...

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