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NORFOLK SOUTHERN RAILWAY COMPANY v. THE BALTIMORE AND ANNAPOLIS RAILROAD COMPANY

Civil Action No. 4:13-cv-01264-BHH.

Norfolk Southern Railway Company, Plaintiff, v. The Baltimore and Annapolis Railroad Company d/b/a Carolina Southern Railroad Company and d/b/a Waccamaw Coast Line Railroad Company, Defendants.

United States District Court, D. South Carolina, Florence Division.

February 18, 2015.

Attorney(s) appearing for the Case

Norfolk Southern Railway Company, Plaintiff, represented by Casper Fredric Marcinak, III , Smith Moore Leatherwood, Christopher Jordan Merrick , Keenan Cohen and Howard, Robert Daniel Moseley, Jr , Smith Moore Leatherwood & Paul David Keenan , Keenan Cohen and Howard.

Baltimore and Annapolis Railroad Company, Defendant, represented by Andrew Preston Brittain , Hearn Brittan and Martin & Thomas C Brittain , Brittain Law Firm.

OPINION AND ORDER

BRUCE HOWE HENDRICKS, District Judge.

This matter is before the Court on the motion of the plaintiff, Norfolk Southern Railway Company ("Norfolk Southern"), for summary judgment (ECF No. 33). The Court held a hearing on the motion on November 19, 2014, and took the motion under advisement. For the reasons set forth herein, the motion for summary judgment is granted in part and denied in part.

BACKGROUND...

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