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CONSOLIDATED RAIL v. GRAND TRUNK WESTERN R. CO.

Case No. 09-cv-10179.

853 F.Supp.2d 666 (2012)

CONSOLIDATED RAIL CORPORATION and Norfolk Southern Railroad Company, Plaintiffs/Counter-Defendants, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Defendant/Counter-Plaintiff/Third-Party Plaintiff, v. CSX Transportation, Inc., Third-Party Defendant.

United States District Court, E.D. Michigan, Southern Division.

February 16, 2012.

Attorney(s) appearing for the Case

Laurence Z. Shiekman, Pepper, Hamilton, Philadelphia, PA, Matthew J. Lund, Pepper Hamilton LLP, Southfield, MI, for Plaintiffs/Counter-Defendants.

Daniel D. Quick, Dickinson Wright, Troy, MI, Doron Yitzchaki, Dickinson Wright, Ann Arbor, MI, James E. Lozier, Dickinson Wright, Lansing, MI, for Defendant/Counter-Plaintiff/Third-Party Plaintiff.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [171]

NANCY G. EDMUNDS, District Judge.

This matter comes before the Court on Defendant's motion for summary judgment on Plaintiffs' claim that Defendant breached the 1996 Trackage Rights Agreement. For the reasons set forth below, Defendant's motion is GRANTED in part and DENIED in part.

I. Facts

A. Third Amended Complaint

On January...

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