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FORT WORTH & DENVER RY. CO. v. GOLDSCHMIDT

Civ. A. No. CA 4-80-258-E.

518 F.Supp. 121 (1981)

FORT WORTH & DENVER RAILWAY COMPANY, et al. v. Neil E. GOLDSCHMIDT, et al.

United States District Court, N. D. Texas, Fort Worth Division.

June 23, 1981.

Attorney(s) appearing for the Case

N. Dennis G. Lyons, Charles H. Cochran, Washington, D. C., John A. Gilliam, C. Rodney Acker, Dallas, Tex., for plaintiffs.

Lawrence M. Mann, Washington, D. C., Joseph N. Boudreaux, Dallas, Tex., for intervenor.

Thomas H. Peebles, Dept. of Justice, Civil Div., Washington, D. C., Richard B. Vance, Asst. U. S. Atty., Fort Worth, Tex., for defendants.

MEMORANDUM AND ORDER

MAHON, District Judge.

There is pending before the Court motions for summary judgment filed by the plaintiffs, defendants, and intervenor. On December 17, 1980, a hearing on these motions was held before the Court. After careful consideration of the motions, briefs, and oral arguments, the Court makes the following ruling.

I. Background

Plaintiffs, twenty-five railroads, and the Association of American Railroads ("AAR...

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