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KAPP v. NORFOLK SOUTHERN RY CO.

No. CIV.A.1:03-CV-1061.

350 F.Supp.2d 597 (2004)

Christopher KAPP, et al., Plaintiffs v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant

United States District Court, M.D. Pennsylvania.

December 10, 2004.

Attorney(s) appearing for the Case

Larry L. Miller, Duncannon, PA, for Plaintiffs.

Benjamin C. Dunlap, Jr., Craig J. Staudenmaier, Nauman, Smith, Shissler & Hall, LLP, Harrisburg, PA, for Defendant.

MEMORANDUM

CONNER, District Judge.

This property rights case has been 150 years in the making. Plaintiffs claim an easement over railroad tracks presently operated by defendant, Norfolk Southern Railway Company ("Norfolk"). The land underlying the tracks was once owned by plaintiffs' predecessors in interest, and a crossing has been maintained for their benefit since before 1850. Nevertheless, Norfolk denies the existence of an easement and recently...

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