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BAR TECHNOLOGIES, INC. v. CONEMAUGH & BLACK LICK R.R. CO.

Civil Action No. 99-41J.

73 F.Supp.2d 512 (1999)

BAR TECHNOLOGIES INC., Plaintiff, v. CONEMAUGH & BLACK LICK R.R. CO., Defendant.

United States District Court, W.D. Pennsylvania.

November 9, 1999.

Attorney(s) appearing for the Case

Ralph A. Finizio, Houston Harbaugh, Pittsburgh, PA, Michele Ann Smolin, R. Jeffery Pollock, McDonald, Hopkins, Burke & Haber, Cleveland, OH, for Plaintiff.

Sheila Smith DiNardo, Buchanan Ingersoll, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION AND ORDER

D. BROOKS SMITH, District Judge.

In this case, plaintiff, Bar Technologies, Inc. ("BarTech"), claims that the alleged refusal of defendant, Conemaugh & Black Lick Railroad Company ("C & BL"), to allow the proposed rail line of plaintiff to cross its existing line at grade, despite an easement requiring the C & BL to permit grade crossings, violates antitrust law. Defendant has filed a motion to dismiss, dkt...

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