Milner Hotels, Inc. v. Norfolk & Western Railway Co.

OPINION

FABER, District Judge.

I

The Milner Hotel, constructed near the turn of the century, is located directly across Princeton Avenue from the Norfolk Southern railroad yard in downtown Bluefield, West Virginia. In 1977, the Norfolk & Western Railway Company (“N & W” or “railroad”), now a subsidiary of Norfolk Southern, 1 entered into a contract with Milner Hotels, Inc. (“the Milner”) to house and feed its transient train crews and other nonresident employees. This contract, as most recently amended in 1989, required the N & W to pay to the Milner $20.25 per day for each room occupied by a…