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DELAWARE & HUDSON RY. CO. v. CONSOLIDATED RAIL CORP.

No. 1123, Docket 89-9034.

902 F.2d 174 (1990)

DELAWARE & HUDSON RAILWAY COMPANY, Appellant, v. CONSOLIDATED RAIL CORPORATION, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 20, 1990.

Attorney(s) appearing for the Case

James K. Manning (Elizabeth Storch, and Brown & Wood, New York City, on the brief) for appellant Delaware & Hudson Ry. Co.

Thomas E. Zemaitis, Philadelphia, Pa. (Laurence Z. Shiekman, Stephen J. Cipolla, Michael A. Ceramella, and Pepper, Hamilton & Scheetz, Philadelphia, Pa.; Scott A. Barbour, and McNamee, Lochner, Titus & Williams, Albany, N.Y.; Bruce B. Wilson, Constance L. Abrams and Consol. Rail Corp., Philadelphia, Pa., on the brief) for appellee Consol. Rail Corp.

Before FEINBERG, TIMBERS and WALKER, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Delaware & Hudson Railway Co. ("D & H") appeals from a summary judgment entered November 20, 1989 in the Northern District of New York, Neal P. McCurn, Chief Judge, in favor of appellant Consolidated Rail Corp. ("Conrail") in this antitrust action. 724 F.Supp. 1073 (N.D.N.Y.1989).

The district court found that D & H failed to raise a genuine issue of material fact with...

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