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INDIANA HI-RAIL CORP. v. CSX TRANSP., INC.

No. IP 91-165-C.

818 F.Supp. 1254 (1993)

INDIANA HI-RAIL CORPORATION, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

March 30, 1993.

Attorney(s) appearing for the Case

James Hughes, Sommer & Barnard, Indianapolis, for plaintiff.

G. Paul Moates, Vincent F. Prada, Sidley & Austin, Washington, D.C., Lee B. McTurnan, McTurnan & Turner, Indianapolis, for defendant.

MEMORANDUM ENTRY

BARKER, District Judge.

I. Factual Background

For purposes of the defendant's Motion to Dismiss, the facts alleged in the plaintiff's Complaint are undisputed. The plaintiff, Indiana Hi-Rail Corporation (hereinafter "Indiana Hi-Rail"), is an Indiana corporation. Complaint, p. 2, ¶ 4. Indiana Hi-Rail is a freight-hauling railroad which provides service over approximately four hundred miles of noncontiguous...

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