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NORFOLK SOUTHERN RAILWAY v. READING BLUE MOUNTAIN & NOR. RAILROAD

No. 3:03 CV 736.

346 F.Supp.2d 720 (2004)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff v. READING BLUE MOUNTAIN & NORTHERN RAILROAD COMPANY, Defendants

United States District Court, M.D. Pennsylvania.

December 2, 2004.

Attorney(s) appearing for the Case

Jeffrey D. Cohen, Paul D. Keenan, Janssen & Keenan, P.C., Philadelphia, PA, for Plaintiff.

Charles L. Howard, Christopher M. Roe, Amy Donohue-Babiak, Gollatz, Griffin & Ewing, P.C., Philadelphia, PA, for Defendant.

MEMORANDUM

MUNLEY, District Judge.

Presently before the court is Defendant Reading Blue Mountain & Northern Railroad Company's ("RBMN") motion for partial summary judgment. Plaintiff Norfolk Southern Railway Company ("Norfolk") opposes this motion. The parties have fully briefed this matter and it is ripe for disposition. For the following reasons, we will grant RBMN's motion.

I. Background

RBMN and Norfolk are parties to an...

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