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CONSOLIDATED RAIL CORP. v. CITY OF BAYONNE

Civ. A. No. 89-3570.

724 F.Supp. 320 (1989)

CONSOLIDATED RAIL CORPORATION; Bayonne Industries, Inc.; IMTT-Bayonne and East Jersey Railroad, Plaintiffs, v. The CITY OF BAYONNE, a New Jersey municipal corporation, Defendant.

United States District Court, D. New Jersey.

November 9, 1989.

Attorney(s) appearing for the Case

Francis J. Calise, Clifton, N.J., for plaintiff Consol. Rail Corp.

Robinson, Wayne & La Sala by Thomas D. Ruane, Newark, N.J., and Coleman, Dutrey & Thomson, New Orleans, La., for plaintiffs Bayonne Industries, Inc., IMTT-Bayonne and East Jersey R.R.

Wilson, Elser, Moskowitz, Edelman & Dicker by James C. Orr, Newark, N.J., for defendant The City of Bayonne.

OPINION

BISSELL, District Judge.

This civil action was filed on August 23, 1989 seeking, inter alia, a preliminary injunction and declaratory relief from the actions of defendant, the City of Bayonne. Plaintiffs, Consolidated Rail Corporation ("Conrail"), Bayonne Industries, Inc., International-Matex Tank Terminals-Bayonne ("IMTT-Bayonne"), and East Jersey Railroad ("East Jersey"), operate and utilize a gasoline storage and blending facility in Bayonne...

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