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NORFOLK SOUTHERN RY. CO. v. E.A. BREEDEN

Record No. 131066.

756 S.E.2d 420 (2014)

NORFOLK SOUTHERN RAILWAY COMPANY v. E.A. BREEDEN, INC.

Supreme Court of Virginia.

April 17, 2014.

Attorney(s) appearing for the Case

Frank K. Friedman ( Mark D. Loftis ; Erin B. Ashwell ; Woods Rogers, Roanoke, on briefs), for appellant.

Terry Lynn , for appellee.

Present: KINSER, C.J., LEMONS, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and RUSSELL, S.J.

Opinion by Justice ELIZABETH A. McCLANAHAN.

Norfolk Southern Railway Company (Norfolk Southern) appeals from the judgment of the circuit court granting permanent injunctive relief to E.A. Breeden, Inc. (Breeden) requiring Norfolk Southern to restore a private grade crossing over its railway tracks in Rockingham County. We will affirm the judgment of the circuit court.

I. BACKGROUND

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