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NORFOLK SOUTHERN RY. CO. v. ENERGY DEV. CORP.

No. CIV.A. 1:03-0307.

312 F.Supp.2d 833 (2004)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff, v. ENERGY DEVELOPMENT CORPORATION, William D. Evans, Douglas E. Evans, Eugene R. Evans and Virginia Berliner, Defendants.

United States District Court, S.D. West Virginia. at Bluefield.

March 24, 2004.

Attorney(s) appearing for the Case

Fred Adkins, John H. Mahaney, Melissa G. Foster, Huddleston Bolen Beatty Porter & Copen, Huntington, WV, for Plaintiff.

Wayne L. Evans, Katz Kantor & Perkins, Bluefield, WV, for Defendants/Third-Party Plaintiffs.

David M. Kersey, Brewster Morhous Cameron Mullins Caruth Moore Kersey & Stafford, Bluefield, WV, for Third-Party Defendant.

DISMISSAL ORDER

FABER, Chief Judge.

For the reasons herein detailed, the court concludes that it lacks jurisdiction over the subject matter of this dispute. Accordingly, the court is obliged to order this matter dismissed sua sponte.

I. Introduction

Plaintiff Norfolk Southern Railway Co. ("Norfolk Southern") commenced this action against Energy Development Corporation ("Energy...

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