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NEW YORK CENTRAL RAILROAD CO. v. COLONIAL STORES, INC.

Civ. No. 67-170.

332 F.Supp. 531 (1971)

The NEW YORK CENTRAL RAILROAD COMPANY, Plaintiff, v. COLONIAL STORES, INC., d/b/a Albers Super Markets, Defendant.

United States District Court, S. D. Ohio, E. D.

October 8, 1971.

Attorney(s) appearing for the Case

Harrison W. Smith, Jr., Columbus, Ohio, for plaintiff.

James A. Tressler, Columbus, Ohio, for defendant.

OPINION AND ORDER

CARL B. RUBIN, District Judge.

This matter is before the Court on plaintiff's motion for summary judgment, defendant's cross claim and the briefs and memoranda of the parties.

This suit was filed by the New York Central Railroad Company, a Delaware corporation, for declaratory judgment under 28 U.S.C.A. §§ 2201 and 2202. It asked the Court to declare the rights and obligations of the parties under a contract they entered...

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