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CONSOLIDATED RAIL CORP. v. DEL. RIVER PORT AUTH.

880 A.2d 628 (2005)

CONSOLIDATED RAIL CORPORATION, Appellee v. DELAWARE RIVER PORT AUTHORITY, Appellant.

Superior Court of Pennsylvania.

Filed July 1, 2005.

Reargument Denied September 1, 2005.

Attorney(s) appearing for the Case

Steven Pachman, Philadelphia, for appellant.

Jonathan F. Ball, Philadelphia, for appellee.

Before: DEL SOLE, P.J., HUDOCK and TODD, JJ.

DEL SOLE, P.J.:

¶ 1 Our Supreme Court has remanded this matter, instructing this Court to address certain issues. First, we must determine whether a declarant in a witness protection program is unavailable for purposes of Pa.R.E. 804. Secondly, we must interpret a term of the contract entered into by the parties named in this action.

¶ 2 A brief history is in order. In 1993, Consolidated Rail Corporation...

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