VEPCO v. NORFOLK SOUTHERN RY. CO.

Record No. 081294.

683 S.E.2d 517 (2009)

VIRGINIA ELECTRIC AND POWER COMPANY, et al. v. NORFOLK SOUTHERN RAILWAY COMPANY.

Supreme Court of Virginia.

September 18, 2009.


Attorney(s) appearing for the Case

Anne Marie Whittemore (J. Tracy Walker IV, McGuireWoods; Everett G. Allen, Jr.; Stephen M. Faraci, Sr.; LeClairRyan, on briefs), Richmond, for appellants.

Craig Thomas Merritt (Michael W. Smith; R. Braxton Hill IV; Christian & Barton, on brief), Richmond, for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and RUSSELL and LACY, S.JJ.


OPINION BY Senior Justice ELIZABETH B. LACY.

This appeal arises from a contract dispute between a railway company and two utility companies over periodic cost adjustments of rates charged by the railway company for transportation of coal to an electricity generating facility in Halifax County. The principal issue we consider is whether the circuit court correctly determined that the contract in question was unambiguous in requiring the application of a specific rail...

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