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FARLEY TRANSP. CO. v. SANTA FE TRAIL TRANSP. CO.

No. 84-5947.

778 F.2d 1365 (1985)

FARLEY TRANSPORTATION CO., INC., Farley Terminal Co., Inc., Piggyback Trailermate, Inc., Systems Terminal, Inc., Plaintiffs, v. The SANTA FE TRAIL TRANSPORTATION COMPANY, et al., Defendants. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant/Counter-Claimant/Appellee, v. FARLEY TRANSPORTATION CO., INC., Farley Terminal Co., Inc., Plaintiff/Counter-Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1985.

Attorney(s) appearing for the Case

Maxwell M. Blecher, Blecher, Collins & Weinstein, Los Angeles, Cal., for plaintiff/counter-defendant/appellant.

Thomas I. McKnew, Jr., Benson C. Marshall, Los Angeles, Cal., Joseph H. Cummins, Barry Van Sickle, Los Angeles, Cal., for defendant/counter-claimant/appellee.

Before WALLACE, CANBY, and BEEZER, Circuit Judges.

WALLACE, Circuit Judge:

Farley Transportation Company, Inc. (Farley) appeals from a judgment entered in favor of the Atchison, Topeka & Santa Fe Railway Company (Santa Fe) on a motion for summary judgment to enforce a tariff provision. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

In October 1979, Farley and other related Farley companies filed an action (the antitrust action) against Santa Fe and a number of other companies...

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