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CANADIAN NAT. RY. v. MONTREAL, MAINE & ATLANTIC

No. CV-10-452-B-W.

750 F.Supp.2d 189 (2010)

CANADIAN NATIONAL RAILWAY COMPANY and Waterloo Railway Company, Plaintiffs, v. MONTREAL, MAINE & ATLANTIC RAILWAY, INC., Defendant.

United States District Court, D. Maine.

As Amended November 16, 2010.

Attorney(s) appearing for the Case

Daniel L. Rosenthal , George J. Marcus , Marcus, Clegg & Mistretta, P.A., Portland, ME, Thomas J. Litwiler , William C. Sippel , Fletcher & Sippel, LLC, Chicago, IL, for Plaintiff.

Anthony W. Buxton , Steven A. Hudson , Preti, Flaherty, Beliveau, Pachios & Haley, LLP, Augusta, ME, William D. Hagedorn , Preti, Flaherty LLP One City Center, Portland, ME, for Intervenor Plaintiff.

James E. Howard , James E. Howard LLC, Charlestown, MA, Timothy R. Shannon , Verrill Dana LLP, Portland, ME, for Defendant.

ORDER ON MOTION TO REMAND

JOHN A. WOODCOCK, JR., Chief Judge.

Applying Fayard v. Northeast Vehicle Services, LLC,1 and Pejepscot Industrial Park, Inc. v. Maine Central Railroad Co.,2 the Court preliminarily concludes that it has jurisdiction over Canadian National Railway Company's (Canadian National) complaint against Montreal, Maine & Atlantic Railway, LTD., (MMA) and declines...

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