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AT&T COMMUNICATIONS v. CONSOLIDATED RAIL CORP.

Civil Action No. 03-147.

285 F.Supp.2d 649 (2003)

AT & T COMMUNICATIONS, INC., Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

United States District Court, E.D. Pennsylvania.

September 29, 2003.

Attorney(s) appearing for the Case

B.H. Walling, Howard N. Feldman, Jorge Kotelanski, Laura H. Hamilton, Lois J. Lipton, Paul W. Kisslinger, Robert J. Higgins, Dickstein, Shapiro, Morin and Oshinsky L.L.P., Washington, DC, Matthew J. Siembieda, Timothy D. Katsiff, Blank Rome LLP, Philadelphia, PA, for Plaintiff.

Brad P. Rosenberg, Robert M. Jenkins, III, Mayer, Brown, Rowe & Maw, Washington, DC, Nancy Winkelman, Ralph G. Wellington, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION AND ORDER

RUFE, District Judge.

Presently before the Court are (1) Defendant's Partial Motion to Dismiss for Lack of Subject Matter Jurisdiction, or, in the Alternative, for Partial Referral to the Surface Transportation Board, and for a Stay Pending Resolution by the Surface Transportation Board; and (2) Defendant's Motion for a Protective Order. For the reasons set out below, the Court will deny the motion to dismiss; grant the...

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