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

No. 81-CV-1246.

533 F.Supp. 692 (1981)

DELAWARE AND HUDSON RAILWAY COMPANY, 40 Beaver Street, Albany, N. Y., 12207, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, 1138 Six Penn Center Plaza, Philadelphia, Pa., 19104, Defendant.

United States District Court, N. D. New York.

December 11, 1981.

Attorney(s) appearing for the Case

George H. Kleinberger, Albany, N. Y., for plaintiff; William P. Quinn, Eric M. Hocky, Fell, Spalding, Goff & Rubin, Philadelphia, Pa., of counsel.

Richard E. Mehley, Philadelphia, Pa., for defendant; Earl H. Gallup, Jr., McNamee, Lochner, Titus & Williams, Albany, N. Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I.

In this action plaintiff seeks an injunction directing the defendant, Consolidated Rail Corporation, to concur in a joint rate applicable to the interline transportation of freight, specifically newsprint, over the rail lines of Canadian National Railways, Conrail and the plaintiff, Delaware and Hudson Railway Company. Federal jurisdiction is asserted under 28 U.S.C. §§ 1332(a)(1...

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