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DEL. & HUDSON RY. CO. v. CONSOL. RAIL CORP.

No. 86-CV-810.

654 F.Supp. 1195 (1987)

DELAWARE AND HUDSON RAILWAY COMPANY, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

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

March 2, 1987.

Attorney(s) appearing for the Case

Dewey Ballantine Bushby Palmer & Wood, New York City, and Sanford M. Litvak, of counsel, George H. Kleinberger, Delaware and Hudson Ry. Co., Watervliet, N.Y., Kinga M. LaChapelle, of counsel, for plaintiff.

McNamee Lochner Titus & Williams, Albany, N.Y., and Scott A. Barbour, of counsel, Pepper Hamilton & Scheetz, Philadelphia, Pa., Laurence Z. Shiekman, Stephen J. Cipolla, Sean P. Wajert, of counsel, for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This treble-damage antitrust action is brought pursuant to 15 U.S.C. § 15. The plaintiff, Delaware and Hudson Railway Company ("D & H"), asserts that it has been injured by actions of the defendant, Consolidated Railway Company ("Conrail"), in contravention of Section two of the Sherman Act, 15 U.S.C. § 2, which forbids a person or company to "monopolize, or attempt to monopolize ... any...

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