In December 1983, defendant Consolidated Rail Corporation (hereinafter Conrail) entered into a track removal contract with defendant G.W. Northrup, Inc. (hereinafter Northrup). Under that contract, Northrup agreed to purchase approximately 12.6 miles of Conrail track and to remove the track structure, including rails, railroad ties and crossings, from Conrail's right-of-way located in the Town of Montgomery, Orange County. At the time of the...
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