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CSX TRANSPORTATION, INC. v. AUBURN THIRTY SIX, LLC

No. 4:12-CV-1984-JAR.

CSX TRANSPORTATION, INC., Plaintiff, v. AUBURN THIRTY SIX, LLC, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

June 3, 2014.

Attorney(s) appearing for the Case

CSX Transportation, Inc., Plaintiff, represented by Eric C. Palombo , KEENAN AND COHEN, P.C., Jeffrey D. Cohen , KEENAN AND COHEN, P.C. & Mayer S. Klein , FRANKEL AND RUBIN.

Auburn Thirty Six, LLC, Defendant, represented by Robert A. Breidenbach , GOLDSTEIN AND PRESSMAN, P.C..

Michael Goldstein, Defendant, represented by Robert A. Breidenbach , GOLDSTEIN AND PRESSMAN, P.C..

Michael Goldstein, Counter Claimant, represented by Robert A. Breidenbach , GOLDSTEIN AND PRESSMAN, P.C..

Auburn Thirty Six, LLC, Counter Claimant, represented by Robert A. Breidenbach , GOLDSTEIN AND PRESSMAN, P.C..

CSX Transportation, Inc., Counter Defendant, represented by Eric C. Palombo , KEENAN AND COHEN, P.C., Jeffrey D. Cohen , KEENAN AND COHEN, P.C. & Mayer S. Klein , FRANKEL AND RUBIN.

Michael Goldstein, Counter Claimant, represented by Robert A. Breidenbach , GOLDSTEIN AND PRESSMAN, P.C..

Auburn Thirty Six, LLC, Counter Claimant, represented by Robert A. Breidenbach , GOLDSTEIN AND PRESSMAN, P.C..

CSX Transportation, Inc., Counter Defendant, represented by Eric C. Palombo , KEENAN AND COHEN, P.C., Jeffrey D. Cohen , KEENAN AND COHEN, P.C. & Mayer S. Klein , FRANKEL AND RUBIN.

MEMORANDUM AND ORDER

JOHN A. ROSS, District judge.

This matter is before the Court on Plaintiff CSX Transportation, Inc.'s Motion for Summary Judgment. (Doc. No. 32) The motion is fully briefed and ready for disposition. For the following reasons, the motion will be granted.

Background

This action arises from the purchase of scrap rail cars by Defendant Auburn Thirty Six, LLC ("Auburn") from Plaintiff CSX Transportation...

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