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NORFOLK SOUTHERN RY. CO. v. JACOBS

No. 3:05 CV 7304.

549 F.Supp.2d 990 (2008)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff, v. James R. JACOBS, etc., et al, Defendant.

United States District Court, N.D. Ohio, Western Division.

May 5, 2008.

Attorney(s) appearing for the Case

D. Casey Talbott, Eastman & Smith, James R. Knepp, II, Thomas A. Gibson, Robison, Curphey & O'Connell, Toledo, OH, for Plaintiff.

Eric K. Habig, Shannon McClellan Cohen, Timothy W. Wiseman, Scopelitis, Garvin, Light, Hanson & Feary, Indianapolis, IN, Thomas E. Teet, Bowling Green, OH, for Defendants.

MEMORANDUM OPINION

KATZ, District Judge.

I. Background

This case arises out of a contractual relationship between Consolidated Rail Corporation ("Conrail"), Norfolk Southern Railway Company ("Norfolk. Southern"), and James R. Jacobs (or "James Jacobs") d/b/a J-Star Consolidated, J-Star Consolidated, Inc., and Jacobs Industries, Inc. (corporations collectively referred to as "Jacobs") relating to certain property located in Lucas County,...

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