Legal Opinion
PCS Phosphate Co., Inc. v. Norfolk Southern Corp.
Court of Appeals for the Fourth Circuit
Decided March 4, 2009No. 08-1266, 08-1285PublishedCited by 91 opinions
1Opinion of the Court
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILLIAMS and Judge ALARCÓN joined.
OPINION
WILKINSON, Circuit Judge:
This case involves a dispute between a rail carrier and a mine owner over payment for the relocation of the rail line that serves the mine. We affirm the district court’s judgment that the rail carrier is liable for the payment pursuant to a covenant in the original deeds of easement granting the carrier’s predecessor-in-interest a right-of-way across the mine’s property. We hold that enforcement of the covenant is not preempted by the…
2Cases cited26 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Altria Group, Inc. v. GoodSupreme Court of the United States · 2008
- Dalton v. CampSupreme Court of North Carolina · 2001
21 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Elam v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2011
- Norfolk Southern Railway Co. v. City of AlexandriaCourt of Appeals for the Fourth Circuit · 2010
- Unus v. KaneCourt of Appeals for the Fourth Circuit · 2009
- Franks Investment Co. LLC v. Union Pacific RailroadCourt of Appeals for the Fifth Circuit · 2010
- Rhodes v. EI Du Pont De Nemours and Co.Court of Appeals for the Fourth Circuit · 2011
86 more not listed; retrieve them via the Exa API.