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NEW ENGLAND CENT. R.R. v. SPRINGFIELD TERMINAL

No. CIV.A. 04-30235-MAP.

415 F.Supp.2d 20 (2006)

NEW ENGLAND CENTRAL RAILROAD, INC., Plaintiff v. SPRINGFIELD TERMINAL RAIWAY COMPANY and Boston and Maine Corporation, Defendants

United States District Court, D. Massachusetts.

February 3, 2006.

Attorney(s) appearing for the Case

Robert B. Culliford, Guilford Transportation Industries, Inc., Portsmouth, NH, for Boston and Maine Corporation, Springfield Terminal Railway Company, Defendants.

Richard A. Davidson, Jr., Flynn & Associates, PC, Quincy, for New England Central Railroad, Inc., Plaintiff.

Michael B. Flynn, Flynn & Associates, PC, Quincy, for New England Central Railroad, Inc., Plaintiff.

Eric L. Hirschhorn, Winston & Strawn, Washington, DC, for Springfield Terminal Railway Company, Boston and Maine Corporation, Defendants.

MEMORANDUM AND ORDER REGARDING DEFENDANTS' PARTIAL MOTION TO DISMISS (Docket No. 20)

PONSOR, District Judge.

I. INTRODUCTION

This case concerns a dispute over liability for damages resulting from a train derailment. Plaintiff, New England Central Railroad, Inc., is seeking compensation under federal and state law for damage to its track and property, and for related economic losses, caused by Defendants, Springfield Terminal Railway...

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