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

No. 89-1076.

924 F.2d 539 (1991)

LAUREL SAND & GRAVEL, INC.; Maryland Midland Railway, Inc., Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1991.

As Amended February 12 and February 26, 1991.

Rehearing and Rehearing Denied February 27, 1991.

Attorney(s) appearing for the Case

Robert Gene Levy, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., argued for appellants (Berryl A. Speert, Harry J. Katrichis, A. David Demiray, Frank, Bernstein, Conaway & Goldman, Baltimore, Md. and Fritz R. Kahn, Verner, Liipfert, Bernhard, McPherson and Hand, Washington, D.C., on brief), for appellant Laurel Sand & Gravel (Charles M. Chadwick, Chadwick & Whaley, Rockville, Md., on brief), for appellant Maryland Midland Ry.

Richard McMillan, Jr., Cromwell & Moring, Washington, D.C., argued (Kent A. Gardiner, Shawn N. Sullivan, Nancy J. Spencer, Crowell & Moring, Washington, D.C. and Fred R. Birkholz, CSX Transp., Inc., Baltimore, Md., on brief), for appellee.

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied February 27, 1991.

ERVIN, Chief Judge:

Laurel Sand and Gravel, Inc. ("LSG") and Maryland Midland Railway, Inc. ("MMR") appeal summary judgment in favor of CSX on alleged violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. This Court must determine whether or not the district court erred: (1) in ruling that there was no probative evidence that the refusal of defendant CSX to grant trackage rights...

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