Norfolk Southern Railway Co. v. Pittsburgh & West Virginia Railroad

OPINION

VANASKIE, Circuit Judge.

Appellants Pittsburgh & West Virginia Railroad (“PWV”) and Power REIT challenge the District Court’s interpretation of a 1962 lease of railroad property (the “Lease”) to Norfolk Southern Railway Company (“Norfolk Southern”). 1 In particular, Appellants contest the District Court’s use of course-of-performanee evidence to bolster its conclusions with respect to the disputed Lease provisions. Appellants also challenge the District Court’s finding that they engaged in fraud to obtain Norfolk Southern’s consent to a transaction otherwise prohibited by the Lease. We…