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NORFOLK SOUTHERN RAILWAY COMPANY v. ZAYO GROUP

No. 22-1554.

87 F.4th 585 (2023)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff-Appellee, v. ZAYO GROUP, LLC, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2023.

Attorney(s) appearing for the Case

ARGUED: William H. Hurd , ECKERT SEAMANS CHERIN & MELLOTT, LLC, Richmond, Virginia, for Appellant. Tobias S. Loss-Eaton , SIDLEY AUSTIN LLP, Washington, D.C., for Appellee. ON BRIEF: Annemarie DiNardo Cleary , Cody T. Murphey , Richmond, Virginia, Charles A. Zbedski , ECKERT SEAMANS CHERIN & MELLOTT, LLC, Washington, D.C., for Appellant. Gordon D. Todd , Cody L. Reaves , Stephen S. Laudone , SIDLEY AUSTIN LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Harris and Judge Bell joined.

When two companies agree to a method for resolving their disputes, they are bound by their contract. An internet provider, Zayo Group, LLC, entered such an agreement when it leased a utility duct from Norfolk Southern Railway Company. When it came time to renew the lease, Zayo and Norfolk Southern could not agree to the...

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