NORFOLK SOUTHERN RAILWAY CO. v. JACOBS

DAVID KATZ, District Judge

For the reasons stated in the Memorandum Opinion filed contemporaneously with this entry, IT IS HEREBY ORDERED, ADJUDGED and DECREED that Jacobs' motion for declaratory judgment (Doc. 47) is denied.

FURTHER ORDERED that Norfolk Southern and Conrail's motion for summary judgment (Doc. 53) is granted with regard to trespass, common carrier laws, and liability for the utilities and taxes paid during the second Lease period, and denied with regard to liability for the improvements or the value thereof.

FURTHER ORDERED that James R. Jacobs' motion for summary judgment (Doc. 55) is granted.

FURTHER ORDERED that Jacobs' (James Jacobs, J-Star Consolidated, Jacobs Industries, and Jacobs Industries Ltd.) motion for summary judgment (Doc. 58) is granted with regard to the right to improvements, and denied with regard to the breach of contract, unjust enrichment, trespass, and common carrier claims.