United States Fourth Circuit
PCS Phosphate Co. v. Norfolk Southern Corp., 08-1266
In a breach of contract action concerning responsibility for relocation of a railroad line serving Plaintiff's mine, judgment for Plaintiff is affirmed, where Defendant railroad was liable for the relocation pursuant to a covenant in the original deeds of easement granting Defendant's predecessor-in-interest a right-of-way across the mine's property.
Appellate Information
- Decided 03/04/2009
- Published 03/04/2009
Judges
- Before WILLIAMS, Chief Judge, WILKINSON, Circuit Judge, and Arthur L. ALARCÓN, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Craig Thomas Merritt, Christian & Bar-Ton, L.L.P., Richmond, Virginia, for Appellants/Cross-Appellees. Roy Bruce Thompson, II, Parker, Poe, Adams & Bernstein, L.L.P., Raleigh, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: R. Braxton Hill, IV, Christian & Barton, L.L.P., Richmond, Virginia, for Appellants/Cross-Appellees. Charles E. Raynal, IV, Parker, Poe, Adams & Bernstein, L.L.P., Raleigh, North Carolina, for Appellee/Cross-Appellant.