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  5. 997 F.Supp. 749 (1997)
 

CSX TRANSP., INC. v. BD. OF PUBLIC WORKS OF W.VA.

No. Civ.A. 2:96-1905.

997 F.Supp. 749 (1997)

CSX TRANSPORTATION, INC., et al., Plaintiffs, v. THE BOARD OF PUBLIC WORKS OF THE STATE OF WEST VIRGINIA, et al., Defendants.

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

February 25, 1997.

Attorney(s) appearing for the Case

John R. Fowler, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, Anne M. Stolee, James W. McBride, Baker, Donelson, Bearman & Caldwell, Washington, DC, for Plaintiffs.

Stephanie M. Sisson, Office of Attorney General, Charleston, WV, Katherine A. Schultz, Office of Attorney General, Charleston, WV, Darrell V. McGraw, Jr., Office of Attorney General, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are (1) Defendants' motion for summary judgment which the Court treats as a motion to dismiss pursuant to Rule 12(b)(1), Federal Rules of Civil Procedure; and (2) Plaintiffs' motion for a preliminary injunction. The Court GRANTS the motion to dismiss and DENIES as moot the motion for a preliminary injunction...

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