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MILFORD-BENNINGTON RAILROAD CO., INC. v. PAN AM RAILWAYS, INC.

Case No. 10-cv-00264-PB, Opinion No. 2011 DNH 206.

Milford-Bennington Railroad Co., Inc. & Peter Leishman v. Pan Am Railways, Inc., et al.

United States District Court, D. New Hampshire.

December 16, 2011.

MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

Milford-Bennington Railroad Co., Inc. ("MBR") alleges that Pan Am Railways, Inc. ("Pan Am") violated its implied contractual duty of good faith and fair dealing when it excluded MBR's employee, Peter Leishman, from operating on its tracks. Pan Am has filed a motion for summary judgment, and for the reasons set forth below, I grant that motion.

I. 

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