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CSX TRANSP., INC. v. RECOVERY EXPRESS, INC.

No. CIV.A.04-12293-WGY.

415 F.Supp.2d 6 (2006)

CSX TRANSPORTATION, INC., Plaintiff, v. RECOVERY EXPRESS, INC., in its own right, and d/b/a Interstate Demolition and Environmental Corp., Defendants.

United States District Court, D. Massachusetts.

February 1, 2006.

Attorney(s) appearing for the Case

Jonathan F. Ball, Janssen Keenan & Ciardi, P.C., Philadelphia, PA, Wesley S. Chused, Looney & Grossman LLP, Boston, MA, Paul D. Keenan, Janssen Keenan & Cardi P.C., Philadelphia, PA, for Plaintiff.

Kevin P. McMahon, Law Office of Kevin P. McMahon, Quincy, for Recovery Express, Inc., Defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

This is a breach of contract and related equitable action brought by the plaintiff, CSX Transportation, Inc. ("CSX"), against the defendants, Recovery Express, Inc. ("Recovery") and Interstate Demolition and Environmental Corp. ("IDEC"). The case against Recovery turns on the application of that doctrine within the law of...

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