Dec 4 (Reuters) - Freight rail giant CSX has asked the

U.S. Supreme Court to revive its lawsuit accusing rival Norfolk

Southern ( NSC ) of denying access to a key East Coast terminal, costing

CSX hundreds of millions of dollars in lost profits.

CSX said in its Supreme Court petition made public on Monday

that a U.S. appeals court in Richmond wrongly ruled that it sued

too late, missing a four-year window to bring claims for U.S.

antitrust law violations.

The statute of limitations should not apply in its case, CSX

argued, because Norfolk Southern's ( NSC ) alleged practice of

overcharging for access to the Norfolk International Terminals

in Virginia was continuing each day the fee remained in place.

CSX's petition gives the high court an opportunity to review

the "continuing-violation doctrine" in antitrust law. CSX said

clarity on the rule was needed "to avoid wasteful litigation,

misunderstandings about lawsuit deadlines, inconsistent

outcomes, and forum shopping."

The Supreme Court can decline to hear the appeal.

In a statement on Tuesday, Jacksonville, Florida-based CSX

said it "remains focused on its efforts to gain competitive

access" to the Norfolk terminal for its customers.

Norfolk Southern ( NSC ) declined to comment.

Large international container ships use the Norfolk terminal

to offload cargo onto trains and trucks for inland destinations.

Norfolk Southern ( NSC ) owns tracks at the dock, but CSX does not, and

so it must pay for access.

CSX sued in 2018, claiming Norfolk Southern ( NSC ) had conspired

with Norfolk & Portsmouth Belt Line Railroad Co to set an

excessive fee. CSX said as a result it has been barred from

entering into profitable contracts with ocean shippers.

The 4th U.S. Circuit Court of Appeals in August upheld a

judge's dismissal of CSX's case. The court said Norfolk

Southern's ( NSC ) rail charges "didn't inflict new harm causing new

injury to CSX within the limitations period."

CSX told the justices that the ruling served to create an

immunity shield that allows Norfolk Southern ( NSC ) to sidestep

competition at the Norfolk terminal and to charge higher prices

for rail customers.

"It is essential that antitrust violations remain actionable

when continuing violations cause renewed injury over time," CSX

said in its petition.

The case is CSX Transportation v Norfolk Southern Railway,

U.S. Supreme Court, No. 24-591.

For CSX: Charles Rothfeld of Mayer Brown

For Norfolk Southern ( NSC ): No appearance yet

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