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DETROIT, TOLEDO R. CO. v. CONSOLIDATED R. CORP.

No. 84-1367.

767 F.2d 274 (1985)

DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY and Grand Trunk Western Railroad Company, Plaintiffs-Appellants, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 11, 1985.

Attorney(s) appearing for the Case

John C. Danielson, argued, Fred L. Woodworth, Robert H. Gorlin, Jeffrey M. Kipshaw, Daniel J. Stephenson, Detroit, Mich., for plaintiffs-appellants.

Laurence Z. Shiekman, Philadelphia, Pa., Thomas E. Zemaitis, Nancy S. Katz, Detroit, Mich., Paul Cunningham, Robert Jenkins, III, argued, Pepper, Hamilton & Scheetz, Washington, D.C., Bruce B. Wilson, Constance L. Abrams, Cheryl A. Cook, Philadelphia, Pa., for defendant-appellee.

Before LIVELY, Chief Judge, JONES, Circuit Judge, and WEICK, Senior Circuit Judge.

LIVELY, Chief Judge.

The second appeal of this case presents the single question of whether the district court committed reversible error by dismissing the action following an earlier remand. We hold that the district court did not err, and accordingly, affirm.

I.

The background of the dispute involved in this case was set forth as follows in our earlier opinion:

In December 1975 Consolidated Rail Corporation (Conrail) entered into identical...

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