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RYMES HEATING OILS v. SPRINGFIELD TERM. RAILWAY

No. 03-1941.

358 F.3d 82 (2004)

RYMES HEATING OILS, INC., Plaintiff, Appellant, v. SPRINGFIELD TERMINAL RAILWAY CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 13, 2004.

Attorney(s) appearing for the Case

Robert M. Thomas, Jr., with whom Rory H. Delaney and Thomas & Associates were on brief, for appellant.

Eric L. Hirschhorn, with whom Robert B. Culliford and Winston & Strawn were on brief, for appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This is a dispute between an extremely dissatisfied shipper and a rail carrier, Springfield Terminal Railway. The shipper, Rymes Heating Oils, says it was stymied in its efforts to get satisfactory rail service from Springfield by Springfield's misrepresentations to it that Springfield had exclusive trackage rights to the side track connecting to Rymes's propane distribution center. Rymes took the exclusive rights dispute to the Surface Transportation...

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