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CONSOLIDATED RAIL CORP. v. STANDARD MILLING CO.

No. CIV-80-577E.

508 F.Supp. 277 (1981)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. STANDARD MILLING COMPANY, Defendant.

United States District Court, W. D. New York.

February 18, 1981.

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe, Buffalo, N. Y., for plaintiff (Ruth R. O'Keefe, Buffalo, N. Y., of counsel).

Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., for defendant (Henry W. Killeen, III, Buffalo, N. Y., of counsel).

MEMORANDUM AND ORDER

ELFVIN, J.

Plaintiff ("ConRail") seeks to recover $69,691.00 in demurrage charges said to be owed by defendant ("Standard"). Standard has interposed the defense of accord and satisfaction and moved to dismiss the Complaint under Fed.R.Civ.P. rule 12(b). I am treating said motion as a motion for summary judgment.

Standard operates grain elevators and other milling facilities and receives shipments of grain via rail service provided...

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