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MILNER HOTELS, INC. v. NORFOLK & WESTERN RY. CO.

Civ. A. No. 1:91-1078.

822 F.Supp. 341 (1993)

MILNER HOTELS, INC., a Kentucky corporation authorized to do business in the State of West Virginia, Plaintiff, v. NORFOLK & WESTERN RAILWAY COMPANY, a Virginia corporation authorized to do business in the State of West Virginia, and Norfolk Southern Corporation, its parent company, Defendants.

United States District Court, S.D. West Virginia, at Bluefield.

May 20, 1993.

Attorney(s) appearing for the Case

J.W. Feuchtenberger, Stone, McGhee, Feuchtenberger & Barringer, Bluefield, for plaintiff.

Wade T. Watson, Sanders, Watson & White, Bluefield, for defendants.

OPINION

FABER, District Judge.

I.

The Milner Hotel, constructed near the turn of the century, is located directly across Princeton Avenue from the Norfolk Southern railroad yard in downtown Bluefield, West Virginia. In 1977, the Norfolk & Western Railway Company ("N & W" or "railroad"), now a subsidiary of Norfolk Southern,1 entered into a contract with Milner Hotels, Inc. ("the Milner") to house and feed its...

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