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AMERICAN ROCK SALT CO. v. NORFOLK SOUTHERN CORP.

No. 00-CV-6534.

387 F.Supp.2d 197 (2005)

AMERICAN ROCK SALT COMPANY, LLC, Plaintiff, v. NORFOLK SOUTHERN CORPORATION, Norfolk Southern Rail Way Company, Defendant.

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

February 7, 2005.

Attorney(s) appearing for the Case

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

George S. Bobnak, Hoyle, Morris & Kerr, LLP, Paul D. Keenan, Jonathan F. Ball, Janssen Keenan & Ciardi P.C., Philadelphia, PA, Robert S. Attardo, Woods Oviatt Gilman LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, American Rock Salt Company, LLC ("ARSCO"), commenced this action seeking damages from defendants, Norfolk Southern Corporation ("NSC") and Norfolk Southern Railway Company ("NSR"), arising from defendants' alleged breach of certain contractual and statutory duties with respect to a transportation contract between ARSCO and NSR. Defendants have moved for summary judgment dismissing two of plaintiff's...

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