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LAUREL SAND & GRAVEL, INC. v. CSX TRANSP., INC.

Civ. No. PN-87-1582.

704 F.Supp. 1309 (1989)

LAUREL SAND & GRAVEL, INC. and Maryland Midland Railway, Inc. v. CSX TRANSPORTATION, INC.

United States District Court, D. Maryland.

January 26, 1989.

Attorney(s) appearing for the Case

Robert G. Levy, Leonard E. Cohen, Berryl A. Speert, Harry J. Katrichis, A. David Demiray and Frank, Bernstein, Conaway & Goldman, Baltimore, Md., Fritz R. Kahn, Washington, D.C., for plaintiffs.

Charles M. Chadwick, Chadwick & Whaley, Rockville, Md., for plaintiff Maryland Midland Ry., Inc.

Richard McMillan, Jr., Kent A. Gardiner and Crowell & Moring, Washington, D.C., Rachel E. Geiersbach, Baltimore, Md., for defendant.

OPINION AND ORDER

NIEMEYER, District Judge.

This antitrust case raises the issues whether the refusal by the defendant railroad company to give the plaintiffs the right to use its tracks (trackage rights) was pursuant to and in furtherance of a conspiracy to restrain trade in violation of § 1 of the Sherman Act; and whether the same refusal was an abuse of a monopoly power that the railroad company is alleged to have in a market defined by the plaintiffs...

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