SCHEDULE 14A INFORMATION PROXY STATEMENT PURSUANT TO SECTION 14(A) OF THE SECURITIES EXCHANGE ACT OF 1934 Filed by the Registrant / / Filed by a Party other than the Registrant /X/ Check the appropriate box: / / Preliminary Proxy Statement / / Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) / / Definitive Proxy Statement /X/ Definitive Additional Materials / / Soliciting Material Pursuant to Section 240.14a-11(c) or Section 240.14a-12 CONRAIL INC. (NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) NORFOLK SOUTHERN CORPORATION (NAME OF PERSON(S) FILING PROXY STATEMENT, IF OTHER THAN THE REGISTRANT) Payment of Filing Fee (Check the appropriate box): /X/ No fee required. / / Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11. (1) Title of each class of securities to which transaction applies: (2) Aggregate number of securities to which transaction applies: (3) Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (Set forth the amount on which the filing fee is calculated and state how it was determined): (4) Proposed maximum aggregate value of transaction: (5) Total fee paid: / / Fee paid previously with preliminary materials. / / Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. (1) Amount Previously Paid: (2) Form, Schedule or Registration Statement No.: (3) Filing Party: (4) Date Filed: FOR IMMEDIATE RELEASE January 9, 1997 Media Contact: Robert Fort (757) 629-2710 NORFOLK SOUTHERN TO APPEAL RULING ON PRELIMINARY INJUNCTION AGAINST CONRAIL, WELCOMES SURFACE TRANSPORTATION BOARD POSITION ON LOCK-OUT NORFOLK, VA -- Norfolk Southern Corporation (NYSE: NSC) issued the following statement in response to U.S. District Court Judge Donald VanArtsdalen's decision today declining to issue a preliminary injunction enjoining the Conrail shareholders meeting scheduled to be held January 17 and a separate decision today by the Surface Transportation Board: "Norfolk Southern is appealing the Court's ruling to the U.S. Third Circuit Court of Appeals in Philadelphia and is asking the Court to hear the appeal on an expedited basis. "Regardless of the outcome of our appeal, Conrail shareholders will have an opportunity on January 17 to regain control of the corporation they own. By rejecting the proposed 'opt out' of Pennsylvania's fair value statute they can send a clear message to Conrail's board that CSX's latest bid is unacceptable and that shareholders want the opportunity to consider Norfolk Southern's superior all-cash offer of $115 per share --- an offer worth over $1 billion more than CSX's. "Today's ruling in no way contradicts the fact that Conrail and CSX are continuing to wage a campaign of coercion to deny Conrail shareholders that opportunity and force them to go along with CSX's inferior offer. "Norfolk Southern is pleased that the Surface Transportation Board, acting on its petition to invalidate the lock-out provision, today issued a decision acknowledging that the two-year lock-out period 'appears excessive on its face.' "The Board emphasized that the lock-out provision would not preclude it from approving Norfolk Southern's proposal to acquire Conrail or keep Norfolk Southern from consummating the merger once it is approved. "While the Board said it was premature to void the provision at this time, it held that federal law would void the lock-out provision if the Board approves a Norfolk Southern/Conrail combination. In language applicable to CSX and Conrail, the Board said: 'A person cannot effectively preclude our approval of a transaction from going forward simply by entering into a contract that purports to prevent all alternatives to its own preferred outcome.' "Norfolk Southern remains committed to its offer to acquire Conrail and to deliver to Conrail shareholders $115 in cash for each of their shares. As announced yesterday, Norfolk Southern has received commitments from banks that provide more than enough money to fully fund its all-cash offer." ### World Wide Web Site - http://www.nscorp.com