Norfolk Southern Railway Co. v. Reading Blue Mountain & Northern Railroad

MEMORANDUM

MUNLEY, District Judge.

Presently before the court is Defendant Reading Blue Mountain & Northern Railroad Company’s (“RBMN”) motion for partial summary judgment. Plaintiff Norfolk Southern Railway Company (“Norfolk”) opposes this motion. The parties have fully briefed this matter and it is ripe for disposition. For the following reasons, we will grant RBMN’s motion.

I. Background

RBMN and Norfolk are parties to an agreement entitled “Common C & S Fácil- ities Maintenance Agreement,” which governs the parties’ responsibilities and rights regarding the maintenance of a communications…