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DELAWARE & HUDSON RY. v. CONSOLIDATED RAIL

No. 86-CV-810.

724 F.Supp. 1073 (1989)

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

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

November 17, 1989.

Attorney(s) appearing for the Case

James K. Manning, New York City (Paul Windels, III and Elizabeth Storch, of counsel), for Trustee in Bankruptcy of plaintiff.

McNamee Lochner Titus & Williams, Albany, N.Y. (Scott A. Barbour, of counsel), and Pepper Hamilton & Scheetz, Philadelphia, Pa. (Thomas E. Zemaitis, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

In Del. & Hudson Ry. Co. v. Consol. Rail Corp., 654 F.Supp. 1195 (N.D.N.Y. 1987), this court denied Consolidated Rail Corporation's ("Conrail's") motion to stay or dismiss the plaintiff's complaint pursuant to the doctrine of primary jurisdiction.1 Id. at 1203. In this proceeding, Conrail moves for summary judgment against...

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