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AMERICAN ROCK SALT CO. v. NORFOLK SOUTHERN CORP.

No. 00-CV-6534L.

180 F.Supp.2d 420 (2001)

AMERICAN ROCK SALT COMPANY, LLC, Plaintiff, v. NORFOLK SOUTHERN CORPORATION, Norfolk Southern Railway Company, Defendants.

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

September 17, 2001.

Attorney(s) appearing for the Case

Paul J. Yesawich, III, Harris Beach LLP, Pittsford, NY, for plaintiff.

Robert S. Attardo, Rochester, NY, Paul D. Keenan, George S. Bobnak, Hoyle, Morris & Kerr, LLP, Philadelphia, PA, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, American Rock Salt Company, LLC ("ARSCO"), commenced this action in New York State Supreme Court, Livingston County, on October 13, 2000. Defendants, Norfolk Southern Corporation ("NSC") and Norfolk Southern Railway Company ("NSR"), removed the action to this court, based on diversity jurisdiction under 28 U.S.C. § 1332. Defendants have moved to dismiss the complaint (with the exception of one...

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