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NORFOLK SOUTHERN RAILWAY COMPANY,
Plaintiff-Appellant,
v.
DILLE ROAD RECYCLING, LLC,
Defendant-Appellee.
   No. 22-4037
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:20-cv-01053—J. Philip Calabrese, District Judge.
Argued: December 6, 2023
Decided and Filed: February 26, 2024
Before: BOGGS, READLER, and DAVIS, Circuit Judges.


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OPINION
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BOGGS, Circuit Judge. This case concerns a narrow parcel of land (the “Parcel”)— roughly 600 feet by 32 feet—that runs adjacent to Norfolk Southern Railway Company’s active rail line in Euclid, Ohio. No one disputes that Norfolk owns the Parcel. But Dille Road Recycling, which owns the property on the other side of the Parcel, has occupied and used the Parcel for nearly two decades. A few years ago, the parties began an out-of-court dispute over the Parcel’s use. After negotiations stalled, the parties took the matter to federal court. Dille sought adverse possession of the Parcel or, alternatively, a prescriptive easement. Norfolk sought a declaration that Dille’s property claims were preempted by the Interstate Commerce Commission Termination Act (ICCTA). The district court held that Dille’s prescriptive-easement claim was not preempted, and then granted Dille its easement. We disagree with the district court’s threshold conclusion. Because federal law does preempt Dille’s state-law prescriptive-easement claim, we reverse.



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PREMIER DEALER SERVICES, INC.,
Plaintiff-Appellee,
v.
ALLEGIANCE ADMINISTRATORS, LLC,
Defendant-Appellant.
   No. 23-3394
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:18-cv-00735—Edmund A. Sargus, Jr., District Judge.
Argued: February 1, 2024
Decided and Filed: February 26, 2024
Before: SUTTON, Chief Judge; CLAY and BLOOMEKATZ, Circuit Judges.


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OPINION
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SUTTON, Chief Judge. Premier Dealer Services competes with Allegiance Administrators to manage car dealers’ loyalty programs, an arrangement used to service cars after the dealer sells them. The terms and conditions of the programs appear on loyalty certificates that dealers use to enroll buyers. When Allegiance obtained the account of a former Premier client, it incorporated Premier’s Lifetime Powertrain Loyalty Program certificates into its own plan. Premier sued Allegiance for using its copyrighted certificates. The district court held that Allegiance infringed Premier’s copyright, ordered Allegiance to disgorge any profits from using the certificates, and awarded Premier attorney’s fees. We affirm.