USX CORP. v. PENN CENTRAL CORP.

No. 96-3705.

130 F.3d 562 (1997)

USX CORPORATION; Bessemer and Lake Erie Railroad Company v. THE PENN CENTRAL CORPORATION, now known as American Premier Underwriters, Inc. as Successor in interest to the Penn Central Transportation Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 30, 1997.


Attorney(s) appearing for the Case

Thomas S. Kilbane (Argued), Stacy D. Ballin, Squire, Sanders & Dempsey L.L.P., Cleveland, OH, Timothy W. Bergin, Squire, Sanders & Dempsey L.L.P., Washington, DC, David A. Lynch, Senior General Attorney, USX Corporation, Pittsburgh, PA, for Appellees.

James J. Capra, Jr., Donovan, Leisure, Newton & Irvine, New York City, Peter M. Fishbein (Argued), Karen E. Katzman, Kaye, Scholer, Fierman, Hays & Handler, New York City, Michael L. Cioffi, American Premier Underwriters, Inc., Cincinnati, OH, Ralph A. Finizio, Houston Harbaugh, P.C., Pittsburgh, PA, for Appellant.

Before: BECKER, MANSMANN and ROSENN, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

The separate litigations ensuing from certain railroads' participation in an antitrust conspiracy and the financial demise of the Penn Central Transportation Company now span three decades. See In the Matter of Penn Central Transportation Company, 458 F.Supp. 1364 (E.D.Pa.1978); In Re Lower Lake Erie Iron Ore Antitrust Litigation, 759 F.Supp...

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