PCS PHOSPHATE CO., INC. v. NORFOLK SOUTHERN CORP.

No. 4:05-CV-55-D.

520 F.Supp.2d 705 (2007)

PCS PHOSPHATE COMPANY, INC., Plaintiff, v. NORFOLK SOUTHERN CORPORATION and Norfolk Southern Railway Company, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

September 28, 2007.


Attorney(s) appearing for the Case

Charles E. Raynal, IV, Roy B. Thompson, II, Parker, Poe, Adams & Bernstein, LLP, Raleigh, NC, for Plaintiff.

John S. Byrd, II, Odes L. Stroupe, Jr., Bode, Call & Stroupe, Raleigh, NC, for Defendants.


ORDER

JAMES C. DEVER III, District Judge.

PCS Phosphate Company, Inc. ("PCS" or "plaintiff") filed suit against Norfolk Southern Corporation ("NSC") and Norfolk Southern Railway Company ("NSRC") (collectively "defendants") for breach of contract, breach of easement covenants, unjust enrichment, and unfair and deceptive trade practices. Plaintiff alleges that defendants are obligated under deeds of easement negotiated in 1965 and 1966 to relocate at their...

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