TRANSKENTUCKY TRANSP. v. L. & N.R. CO.

Civ. A. No. 82-271.

581 F.Supp. 759 (1983)

TRANSKENTUCKY TRANSPORTATION RAILROAD, et al., Plaintiffs, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, d/b/a The Family Lines Rail System, et al., Defendants.

United States District Court, E.D. Kentucky, at Lexington.

June 28, 1983.


Attorney(s) appearing for the Case

Jackson White, Stoll, Keenon & Park, Lexington, Ky., James P. Kennedy, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Fritz R. Kahn, Verner, Liipfert, Bernhard & McPherson, Washington, D.C., for plaintiffs.

R. Eden Martin, G. Paul Moates, Sidley & Austin, Washington, D.C., Ben L. Kessinger, Jr., Stites & Harbison, Lexington, Ky., for defendants.


MEMORANDUM OPINION AND ORDER

SCOTT REED, District Judge.

This action, brought under §§ 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2, is currently before the Court on the motion of defendants to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)1 for lack of subject matter jurisdiction, and pursuant to Fed.R.Civ.P. 12(b)6 for failure to state a claim upon which relief can be granted.

The plaintiffs in this action...

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