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FRONTIER COMMS. CORP. v. BARRETT PAVING MATERIALS

No. 1:07-cv-113-GZS.

631 F.Supp.2d 110 (2009)

FRONTIER COMMUNICATIONS CORPORATION, Plaintiff, v. BARRETT PAVING MATERIALS, INC., et al., Defendants.

United States District Court, D. Maine.

July 7, 2009.

Attorney(s) appearing for the Case

John S. Hahn, Mayer, Brown LLP, Washington, DC, Martha C. Gaythwaite, Brett R. Leland, Esq., Friedman, Gaythwaite, Wolf & Leavitt, Portland, ME, Jeffrey A. Meyers, Nelson, Kinder, Mosseau & Saturley, P.C., Manchester, NH, for Plaintiff.

Charles T. Wehland, Laura M. Earl, Jones Day, Chicago, IL, John H. Grady, Jones Day, Atlanta, GA, David S. Sherman, Jr., Drummond Woodsum & MacMahon, Leslie Lyon Anderson, Dead River Company, Portland, ME, Eric L. Hirschhorn, John Fehrenbach, Winston & Strawn, LLP, Jay Varon, Foley & Lardner, Michelle T. Delemarre, U.S. Department of Justice, Admiralty Trial Division, Perry M. Rosen, US Department of Justice, Environmental Defense Section, Washington, DC, Frederick F. Costlow, Richardson, Whitman, Large & Badger, Bangor, ME, E. Tupper Kinder, Jeffrey A. Meyers, Nelson, Kinder, Mosseau & Saturley, P.C., Manchester, NH, for Defendants.

ORDER ON MOTION TO DISMISS

GEORGE Z. SINGAL, District Judge.

Before the Court is Defendants Guilford Transportation Industries, Inc. and Maine Central Railroad Company's Motion to Dismiss (Docket # 108). For the reasons explained herein, the Court DENIES the Motion.

I. STANDARD OF REVIEW

Pursuant to Rule 12(b)(6), a party is entitled to have a claim against it dismissed when the allegations on which the claim depends "fail[ ] to state a...

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