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RYMES HEATING OILS, INC. v. SPRINGFIELD TERMINAL RY., INC.

No. CIV.A. 02-12448-WGY.

265 F.Supp.2d 147 (2003)

RYMES HEATING OILS, INC. Plaintiff, v. SPRINGFIELD TERMINAL RAILWAY, INC., Defendant.

United States District Court, D. Massachusetts.

May 30, 2003.

Attorney(s) appearing for the Case

Robert B. Culliford, Springfield Terminal Railway, North Billerica, MA, Eric L. Hirschhom, Winston & Strawn, Washington, DC, for Springfield Terminal Railway Company, (Defendant).

Robert M. Thomas, Jr., Thomas & Associates, Boston, MA, for Rymes Heating Oils, Inc., (Plaintiff).

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

The Plaintiff, Rymes Heating Oils, Inc. ("Rymes"), alleges that the defendant, Springfield Terminal Railway Co. ("Springfield"), wrongfully excluded competition from providing service to Rymes (Count One) and that Springfield failed to provide service upon a reasonable request (Count Two). The parties have filed cross-motions for summary judgment with respect to Count One.

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