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SEDA-COG JOINT RAIL AUTH v. CARLOAD EXPR

No. 617 C.D. 2017.

185 A.3d 1232 (2018)

SEDA-COG JOINT RAIL AUTHORITY v. CARLOAD EXPRESS, INC., Susquehanna Union Railroad Company, and Northern Plains Railroad, Inc. Appeal of: Carload Express, Inc.

Commonwealth Court of Pennsylvania.

Decided May 3, 2018.

Reargument Denied in Part and Granted in Part for Clarification June 28, 2018.

Attorney(s) appearing for the Case

Robert H.C. Ralston and Samuel H. Simon , Pittsburgh, for appellant.

John C. Bee , Thomas S. Schrack , State College, and Michael G. Crotty , Chester Springs for appellee Seda-Cog Joint Rail Authority.

Benjamin C. Dunlap, Jr. , Harrisburg, for appellee Susquehanna Union Railroad Company.

BEFORE: HONORABLE ROBERT SIMPSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge.

Carload Express, Inc. (Carload), a private railroad operator, appeals from an order of the Court of Common Pleas of Clinton County (trial court) granting summary judgment in favor of Seda-Cog Joint Rail Authority (Authority) and denying Carload's summary judgment motion. The Authority is subject to the Municipal Authorities...

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