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  5. 688 F.Supp. 1556 (1988)
 

ERIE DOCK CO. v. ERIE LACKAWANNA, INC.

No. 85-11.

688 F.Supp. 1556 (1988)

The ERIE DOCK COMPANY, Plaintiff, v. ERIE LACKAWANNA, INC., Defendant.

Special Court, Regional Rail Reorganization Act.

May 5, 1988.

Attorney(s) appearing for the Case

Eric H. Zagrans, Irene C. Keyese-Walker, Cleveland, Ohio, Roger P. Furey, Washington, D.C. (Arter & Hadden, Cleveland, Ohio, of counsel), for Erie Dock Co.

John L. Altieri Jr., Peter J. Venaglia, (Mudge, Rose, Gutherie, Alexander & Ferdon, New York City, of counsel), for Erie Lackawanna, Inc.

Before WISDOM, Presiding Judge, and GASCH and GREEN, Judges.

WISDOM, Presiding Judge:

This case is about an asset nobody wants: an executory contract that carries with it an obligation to indemnify the Erie Dock Company for any pension payments it makes to its retired employees. Erie Dock is suing Erie Lackawanna, Inc., successor in interest to the Erie Lackawanna Railway Company, the original indemnitor under the contract and a "railroad in reorganization" within the meaning of...

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