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CITY OF ASHTABULA v. NORFOLK SOUTHERN CORP.

Case No. 1:09 CV 364.

633 F.Supp.2d 519 (2009)

CITY OF ASHTABULA, Plaintiff, v. NORFOLK SOUTHERN CORPORATION, et al., Defendants.

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

June 17, 2009.

Attorney(s) appearing for the Case

J. Gregory Smith, Robert J. Karl, Sherry L. Hesselbein, Ulmer & Berne, Columbus, OH, Michael Franklin, Ashtabula, OH, for Plaintiff.

David M. Moore, Balch & Bingham, Atlanta, GA, Gregory J. DeGulis, McMahon DeGulis, Cleveland, OH, for Defendants.

MEMORANDUM OF OPINION AND ORDER

DAN AARON POLSTER, District Judge.

Before the Court is Defendants' Motion to Dismiss Plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction (ECF No. 7). For the following reasons, Defendants' motion is GRANTED IN PART and DENIED IN PART.

I. FACTS

Defendant Norfolk Southern Railway Company and its holding...

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