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CONSOLIDATED RAIL CORP. v. PROVIDENCE & WORCESTER

Civ. A. No. 77-445.

540 F.Supp. 1210 (1982)

CONSOLIDATED RAIL CORPORATION, Plaintiff, v. PROVIDENCE & WORCESTER COMPANY, Defendant.

United States District Court, D. Delaware.

June 4, 1982.

Attorney(s) appearing for the Case

Robert K. Payson of Potter, Anderson & Corroon, Wilmington, Del., and Laurence Z. Shiekman, Gail P. Granoff and Edwin J. Butterfoss of Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff.

R. Franklin Balotti of Richards, Layton & Finger, Wilmington, Del., and Richard J. Morvillo and Robert B. Donin of Verner, Liipfert, Bernhard, & McPherson, Chartered, Washington, D. C., for defendant.

OPINION

LATCHUM, Chief Judge.

Consolidated Rail Corporation ("Conrail") brought this civil action on November 15, 1977, against the defendant, Providence & Worcester Company ("P&W"), seeking to recover certain interline freight revenues allegedly being unlawfully withheld by P&W. (Docket Item ["D.I."] 1.)1 Count I of the complaint is based on P&W's alleged breach of four related agreements2<...

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