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

Civ. A. No. 82-5354.

569 F.Supp. 26 (1983)

CONSOLIDATED RAIL CORPORATION v. DELAWARE AND HUDSON RAILWAY COMPANY.

United States District Court, E.D. Pennsylvania.

August 8, 1983.

Attorney(s) appearing for the Case

Laurence Z. Shiekman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff; Charles Bramhan, Gen. Counsel-Corporate, Philadelphia, Pa., of counsel.

William P. Quinn, Rubin, Quinn & Moss, Philadelphia, Pa., for defendant.

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

This is a diversity action, brought pursuant to 28 U.S.C. § 1332. Plaintiff, Consolidated Rail Corporation (Conrail), has filed a motion for partial summary judgment in the amount of $4,450,533. (plus interest at 6% since December 31, 1982) against defendant Delaware and Hudson Railway Company (D & H). Conrail seeks summary judgment on the ground that D & H failed to make timely payments as required...

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