OPINION
LAYTON, District Judge.
For the purposes of this argument, I accept the statement of facts in plaintiff's brief, which is as follows:
"In 1959, the defendant['s predecessor] selected plaintiff as the motor carrier for products to be shipped from defendant's new plant in Wilmington, Delaware. The plant was then under construction. When defendant selected Feraco for its service, plaintiff was a motor carrier operating on modest freight volume...
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