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SQUARE D CO. v. NIAGARA FRONTIER TARIFF BUREAU

No. CIV-84-158C.

596 F.Supp. 153 (1984)

SQUARE D COMPANY and Big D Building Supply Corp., Plaintiffs, v. NIAGARA FRONTIER TARIFF BUREAU INC.; Bondy Cartage Limited; Dominion-Consolidated Truck Lines Limited; ICL International Carriers Limited; Inter-City Truck Lines (Canada) Inc.; TNT Canada Inc., Defendants.

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

September 25, 1984.

Attorney(s) appearing for the Case

Foley & Lardner, Washington, D.C. (Douglas V. Rigler, Washington, D.C., of counsel), for plaintiffs.

William Randolph Smith, Crowell & Moring (Donald L. Flexner, Washington, D.C., of counsel), for defendants.

CURTIN, Chief Judge.

The court has deferred ruling on various pending discovery motions and a motion for class certification. Before the court is defendants' motion to dismiss. Fed.R.Civ.P. 12(c) and 12(h)(2).

The allegations in the complaint may be summarized as follows. The Niagara Frontier Tariff Bureau, Inc. [NFTB] is a motor carrier rate bureau with headquarters in Buffalo, New York. It is organized and operates under an agreement which has been filed...

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