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ALUMINUM ASS'N v. ATCHISON, TOPEKA & SANTA FE RY.

Civ. A. No. 89-0291(HHG).

746 F.Supp. 207 (1990)

The ALUMINUM ASSOCIATION, INC., et al., Plaintiffs, v. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, et al., Defendants.

United States District Court, District of Columbia.

September 17, 1990.

Attorney(s) appearing for the Case

Dickson R. Loos, David H. Baker, Mitchell H. Stabbe, Holland & Knight, Washington, D.C., for plaintiffs.

J. Michael Hemmer, Richard G. Slattery, Covington & Burling, Washington, D.C. (Guy Vitello, Atchison, Topeka & Santa Fe Ry. Co., Chicago, Ill., Louis P. Warchot, Southern Pacific Transp. Co., San Francisco, Cal., Joseph D. Anthofer, Union Pacific R. Co., Omaha, Neb., of counsel), for defendants.

MEMORANDUM

HAROLD H. GREENE, District Judge.

Before the Court are defendants' motion to dismiss and plaintiffs' motion for partial summary judgment in a long-running dispute over plaintiffs' claims to refunds for excess payments on rail shipments of scrap aluminum within California in 1981 and 1982. For the reasons stated below, the Court will deny plaintiffs' motion for partial summary judgment and grant defendants' motion to dismiss.

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