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ERIE BUILDERS v. ERIE-WESTERN PA. PORT AUTHORITY

Civ. A. No. 88-291 ERIE.

705 F.Supp. 1125 (1989)

ERIE BUILDERS CONCRETE CO., and Presque Isle Sand & Gravel, Inc., Plaintiffs, v. ERIE-WESTERN PENNSYLVANIA PORT AUTHORITY, Erie Sand & Gravel, Inc., Erie Navigation, Inc., Erie Sand Steamship Co., Inc., Sidney E. Smith, Jr., Edward Berry, James R. Walczak and M.O. Smith, Defendants.

United States District Court, W.D. Pennsylvania.

February 7, 1989.

Attorney(s) appearing for the Case

John G. Hogue, Mansmann Cindrich & Titus, Pittsburgh, Pa., for plaintiffs.

John McLaughlin, Wallace Knox, and Richard Lanzillo, Erie, Pa., for defendant, Erie Western.

Daniel I. Booker, Michael Lowenstein, and Joshua L. Berger, Pittsburgh, Pa., for Erie Sand & Gravel, Erie Navigation, Erie Sand Steamship and Sidney E. Smith.

James W. McDonald, Jr., Erie, Pa., for Berry, Walczak and M.O. Smith.

OPINION

GERALD J. WEBER, District Judge.

Understanding of the present case requires a little understanding of the history of the Port of Erie and its geography. Forty years ago most of the properties along the south shoreline of Presque Isle Bay including water lots, docks and piers, were owned by the Pennsylvania Railroad Company and leased to its affiliates or customers who operated marine related businesses thereon. They included the Ore Dock, which involved...

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