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PEJEPSCOT INDUS. PARK, INC. v. MAINE CENT. R. CO.

No. CIV. 99-112-P-C.

297 F.Supp.2d 326 (2003)

PEJEPSCOT INDUSTRIAL PARK, INC. d/b/a Grimmel Industries, Plaintiff, v. MAINE CENTRAL RAILROAD CO., et al., Defendants.

United States District Court, D. Maine.

December 22, 2003.

Attorney(s) appearing for the Case

James T. Kilbreth, Verrill & Dana, Daniel L. Rosenthal, Verrill & Dana, Rita H. Logan, Verrill & Dana, Portland, ME, for Plaintiff.

Eric L. Hirschhorn, Winston & Strawn, LLP, Washington, DC, Glen L. Porter, Eaton, Peabody, Bradford & Veague, Bangor, ME, for Defendants.

MEMORANDUM OF DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

GENE CARTER, Senior District Judge.

In its First Amended Complaint (Docket Item No. 21), Plaintiff Pejepscot Industrial Park, Inc. d/b/a Grimmel Industries ("Grimmel") seeks a declaration of ownership rights to a railroad spur (Count I) and an injunction preventing destruction of the spur and interference with Grimmel's right to repair, maintain, and use the...

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