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NEW YORK CENTRAL R. CO. v. NORFOLK & WESTERN RY. CO.

Civ. A. No. 2762.

214 F.Supp. 549 (1963)

The NEW YORK CENTRAL RAILROAD COMPANY, a corporation, Plaintiff, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, Defendant.

United States District Court S. D. West Virginia, Charleston Division.

February 22, 1963.

Attorney(s) appearing for the Case

Robert H. C. Kay, of Kay, Casto & Chaney, Charleston, W. Va., John E. Davis, Charleston, W. Va., of counsel, for plaintiff.

Ernest K. James, of McClintic, James, Wise & Robinson, Charleston, W. Va., A. Paul Funkhouser, Roanoke, Va., for defendant.

FIELD, Chief Judge.

Plaintiff, The New York Central Railroad Company, seeks an injunction pursuant to 49 U.S.C.A. § 1(20) against the construction and operation of trackage facilities by the defendant, Norfolk & Western Railway, from its present track on the northern side of the Kanawha River into the plant of Union Carbide Metals Company, a division of Union Carbide Corporation.

The facts, which are largely...

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