Legal Opinion
Kirkman v. North Carolina Railroad
District Court, M.D. North Carolina
Decided January 5, 2004No. 1:01 CV 850PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION
TILLEY, Chief Judge.
This case is before the Court on Plaintiffs Motion to Certify a Class Action in accordance with Federal Rule of Civil Procedure 23. [Doc. # 11]. For the reasons set forth below, the motion will be DENIED.
I
Plaintiff C.H. Kirkman owns uninhabited property in Guilford County, North Carolina. Defendant Norfolk Southern Railway Company (“Norfolk Southern”), a Virginia corporation, holds a railroad right-of-way across Mr. Kirkman’s property. Norfolk Southern holds similar rights-of-way throughout North Carolina. Norfolk Southern and its predecessors obtained…
2Cases cited5 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Broussard v. Meineke Discount Muffler Shops, Inc.Court of Appeals for the Fourth Circuit · 1998
- Gunnells v. Healthplan Services, Inc.Court of Appeals for the Fourth Circuit · 2003
- Leo A. Lukenas and Geraldine R. Lukenas, Etc., on Behalf of Themselves and All Others Similarly Situated v. Bryce's Mountain Resort, Inc.Court of Appeals for the Fourth Circuit · 1976
- Fisher v. Virginia Electric & Power Co.District Court, E.D. Virginia · 2003
3Cited by14 opinions
- Labauve v. Olin Corp.District Court, S.D. Alabama · 2005
- In Re WorldCom, Inc.United States Bankruptcy Court, S.D. New York · 2006
- Herrera v. LCS Financial Services Corp.District Court, N.D. California · 2011
- Spencer v. Hartford Financial Services Group, Inc.District Court, D. Connecticut · 2009
- Thomas v. FTS USA, LLCDistrict Court, E.D. Virginia · 2016
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