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NORFOLK & WESTERN RY. v. PSC OF WEST VIRGINIA

Civ. A. No. 93-02.

858 F.Supp. 1213 (1994)

NORFOLK AND WESTERN RAILWAY COMPANY, CSX Transportation, Inc., and Consolidated Rail Corporation, Plaintiffs, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Defendant, and United Transportation Union, Defendant-Intervenor.

Special Court Regional Rail Reorganization Act.

July 27, 1994.

Attorney(s) appearing for the Case

Jeffrey S. Berlin, and Karen M. Johnston, Richardson, Berlin, & Morvillo, Washington, DC, for plaintiffs Norfolk and Western Ry. Co., CSX Transp., Inc., and Consolidated Rail Corp.

Richard E. Hitt, Gen. Counsel, for defendant Public Service Com'n of W.Va.

Clinton J. Miller, III, Gen. Counsel, for intervenor United Transp. Union.

Before: GASCH, Presiding Judge, and BRYANT and WEINER, Judges.

MEMORANDUM OPINION AND ORDER

WEINER, Judge.

Plaintiffs, Norfolk & Western Railway Company (Norfolk & Western), CSX Transportation, Inc. (CSX), and Consolidated Rail Corporation (Conrail) (collectively the Railroads) have brought this suit against the Public Service Commission (PSC) of West Virginia to enjoin enforcement of a statute enacted by the legislature of the State of West Virginia. Defendant United Transportation Union (UTU) has joined...

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