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CONSOLIDATED RAIL CORP. v. SOBIECH

No. 84 Civ. 5208(DNE).

710 F.Supp. 988 (1989)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. Ted SOBIECH d/b/a Ted Sobiech Farms, Defendant.

United States District Court, S.D. New York.

April 25, 1989.

Attorney(s) appearing for the Case

Michael J. Siris, New York City, for plaintiff.

Michael R. Gottlieb, Middletown, N.Y., for defendant.

MEMORANDUM & ORDER

EDELSTEIN, District Judge:

Plaintiff, Consolidated Rail Corporation ("Conrail"), in this action seeks payment of freight charges for 26 shipments of onions. Defendant Ted Sobiech ("Sobiech"), the consignee of the shipments, has counterclaimed for damage or loss with respect to certain shipments. Plaintiff seeks an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting (1) partial summary

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