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NORFOLK SOUTHERN RY. CO. v. PITTSBURGH & WV BR

No. 16-1195.

870 F.3d 244 (2017)

NORFOLK SOUTHERN RAILWAY COMPANY; Wheeling & Lake Erie Railway Company v. PITTSBURGH & WEST VIRGINIA RAILROAD; Power Reit, Appellants.

United States Court of Appeals, Third Circuit.

(Opinion Filed: August 29, 2017).

Attorney(s) appearing for the Case

Steven A. Hirsch , Keker Van Nest & Peters, 633 Battery Street, San Francisco, CA 94111, Counsel for Appellants.

Samuel W. Braver , Kathleen J. Goldman , Bradley J. Kitlowski , Stanley J. Parker, Esq. , Buchanan Ingersoll & Rooney, 301 Grant Street, One Oxford Centre, 20th Floor, Pittsburgh, PA 15219, Danielle T. Morrison , Nancy Winkelman , Schnader Harrison Segal & Lewis, 1600 Market Street, Suite 3600, Philadelphia, PA 19103, Counsel for Appellees.

Before: AMBRO, VANASKIE, and SCIRICA, Circuit Judges.

OPINION

Appellants Pittsburgh & West Virginia Railroad ("PWV") and Power REIT challenge the District Court's interpretation of a 1962 lease of railroad property (the "Lease") to Norfolk Southern Railway Company ("Norfolk Southern").1 In particular, Appellants contest the District...

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