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Ajayem Lumber Corp. v. Penn Central Transportation Co.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


May 1, 1974

AJAYEM LUMBER CORP., PLAINTIFF-APPELLEE,
v.
PENN CENTRAL TRANSPORTATION CO., ERIE LACKAWANNA RAILWAY CO., LEHIGH VALLEY RAILROAD CO., JOHN E. FARRELL, AS TRUSTEE OF THE CENTRAL RAILROAD CO. OF NEW JERSEY, BALTIMORE & OHIO RAILROAD CO., DEFENDANTS-APPELLEES, THE LONG ISLAND RAIL ROAD COMPANY, DEFENDANT-APPELLANT. THE LONG ISLAND RAIL ROAD COMPANY, THIRD-PARTY PLAINTIFF-APPELLANT, V. UNITED STATES OF AMERICA, THIRD-PARTY DEFENDANT-APPELLANT, AND INTERSTATE COMMERCE COMMISSION, THIRD-PARTY DEFENDANT-APPELLEE PENN CENTRAL TRANSPORTATION CO., ERIE LACKAWANNA RAILWAY CO., LEHIGH VALLEY RAILROAD CO., JOHN E. FARRELL, AS TRUSTEE OF THE CENTRAL RAILROAD CO. OF NEW JERSEY, BALTIMORE & OHIO RAILROAD CO., PLAINTIFFS-APPELLEES, V. THE LONG ISLAND RAIL ROAD COMPANY, DEFENDANT-APPELLANT

496 F.2d 21

Hays, Mansfield and Mulligan, Circuit Judges.

Author: Per Curiam

By an opinion dated November 7, 1973, this court reversed a judgment entered in the United States District Court for the Eastern District of New York and remanded the cause for determination of damages. On a petition for clarification we entered an order dated March 29, 1974, clarifying as to the measure of damages our opinion of November 7, 1973. The Long Island Rail Road Company has now petitioned for a rehearing on our order of March 29, 1974.

We grant the motion for rehearing and on consideration thereof we decide to adhere to our order of March 29, 1974.

19740501

© 1998 VersusLaw Inc.



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