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DE & HUDSON RY. CO. v. OFFSET PAPERBACK MFRS.

No. 1754, Docket 96-9388.

126 F.3d 426 (1997)

DELAWARE AND HUDSON RAILWAY COMPANY, INC., Plaintiff-Appellant, v. OFFSET PAPERBACK MANUFACTURERS, INC., Horizon Paper Company, Inc., Bantam Doubleday Dell Publishing Group, Inc., Berkley Publishing Corporation, Harper Collins Publishers Incorporated, Avon Book Sales Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 7, 1997.

Attorney(s) appearing for the Case

Terence M. Hynes, Washington, DC (Krista L. Edwards, Michael R. Fehner, Sidley & Austin), for Plaintiff-Appellant.

Joseph Michael Roberts, Washington, DC (Grove, Jaskiewicz and Cobert), for Defendants-Appellees Offset Paperback Manufacturers, Inc., Bantam Doubleday Dell Publishing Group, Inc., Berkley Publishing Corporation, Harper Collins Publishers Incorporated, and Avon Book Sales Corporation.

(Daniel G. Gurfein, New York City (David Leit, Satterlee Stephens Burke & Burke, LLP)), for Defendant-Appellee Horizon Paper Company, Inc.

Before PARKER, Circuit Judge, and OAKES, Senior Circuit Judge, and NICKERSON, District Judge.

OAKES, Senior Circuit Judge:

Plaintiff-appellant Delaware and Hudson Railway Company, Inc. ("D & H"), a railway shipping company, seeks to collect demurrage fees for the late return of its railroad boxcars. The United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge) dismissed D & H's complaint for lack of jurisdiction over the subject matter of the complaint. We conclude that, despite dramatic changes in the...

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