# Wills Trucking, Inc. v. Baltimore & Ohio Railroad

> Court of Appeals for the Third Circuit · July 26, 1993 · 998 F.2d 1144

URL: https://www.frixlaw.com/law-library/cases/9011907

## Case

- **Full name:** In re LOWER LAKE ERIE IRON ORE ANTITRUST LITIGATION (MDL No. 587). (Nineteen Cases). WILLS TRUCKING, INC. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. BALTIMORE & OHIO RAILROAD COMPANY, INC. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. CSX Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (D.C. Civil No. 84-02010). Wills Trucking, Inc. and Toledo World Terminal, Inc., in 91-1526. Bessemer and Lake Erie Railroad Company, in 91-1586 WILLS TRUCKING, INC. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. BALTIMORE & OHIO RAILROAD COMPANY, INC. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. CSX Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (D.C. Civil No. 84-02010). Bessemer and Lake Erie Railroad Company, in 91-1587 C.D. AMBROSIA TRUCKING CO., INC. v. CHESAPEAKE & OHIO RAILWAY COMPANY Baltimore and Ohio Railroad Company, Inc. CSX Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (D.C. Civil No. 84-02012). Bessemer and Lake Erie Railroad Company, in 91-1588 REPUBLIC STEEL CORPORATION v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (D.C. Civil No. 84-02079). Bessemer and Lake Erie Railroad Company, in 91-1589 NATIONAL STEEL CORPORATION v. PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (Civil No. 84-02134). Bessemer and Lake Erie Railroad Company, in 91-1590 JONES & LAUGHLIN STEEL INCORPORATED v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (D.C. Civil No. 84-02135). Bessemer and Lake Erie Railroad Company, in 91-1591 WHEELING-PITTSBURGH STEEL CORPORATION v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (D.C. Civil No. 84-02138). Bessemer and Lake Erie Railroad Company, in 91-1592 TAURO BROTHERS TRUCKING CO. v. BALTIMORE AND OHIO RAILROAD COMPANY, INC. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. PITTSBURGH & LAKE ERIE RAILROAD CO. (D.C. Civil No. 84-02781). Bessemer and Lake Erie Railroad Company, in 91-1593 SHARON STEEL CORPORATION v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (D.C. Civil No. 84-05562). Bessemer and Lake Erie Railroad Company, in 91-1594 ERIE WESTERN PENNSYLVANIA PORT AUTHORITY and Codan Corporation v. CHESAPEAKE & OHIO RAILWAY COMPANY, INC. Baltimore and Ohio Railroad Company, Inc. CSX Corporation Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation, Inc. and the Penn Central Corporation, Inc. (D.C. Civil No. 84-05760). Bessemer and Lake Erie Railroad Company, in 91-1595 C.D. AMBROSIA TRUCKING CO., INC. v. CHESAPEAKE & OHIO RAILWAY COMPANY Baltimore and Ohio Railroad Company, Inc. CSX Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (D.C. Civil No. 84-02012). C.D. Ambrosia Trucking Company ("Ambrosia"), in 91-1627 REPUBLIC STEEL CORPORATION v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (D.C. Civil No. 84-02079). Republic Steel Corporation in 91-1628 NATIONAL STEEL CORPORATION v. PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (D.C. Civil No. 84-02134). National Steel Corporation, in 91-1629 JONES & LAUGHLIN STEEL INCORPORATED v. The PENN CENTRAL CORPORATION, the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (D.C. Civil No. 84-02135). Jones & Laughlin Steel Incorporated, in 91-1630 WHEELING-PITTSBURGH STEEL CORPORATION v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (D.C. Civil No. 84-02138). Wheeling-Pittsburgh Steel Corporation, in 91-1631 TAURO BROTHERS TRUCKING CO. v. BALTIMORE AND OHIO RAILROAD COMPANY, INC. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. PITTSBURGH & LAKE ERIE RAILROAD CO. (D.C. Civil No. 84-02781). Tauro Brothers Trucking Company, in 91-1632 SHARON STEEL CORPORATION v. The PENN CENTRAL CORPORATION the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company CSX Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (D.C. Civil No. 84-05562). Sharon Steel Corporation, in No. 91-1633 ERIE WESTERN PENNSYLVANIA PORT AUTHORITY and Codan Corporation v. CHESAPEAKE & OHIO RAILWAY COMPANY, INC. Baltimore and Ohio Railroad Company, Inc. CSX Corporation, Inc. Norfolk & Western Railway Company, Inc. Consolidated Rail Corporation, Inc. and the Penn Central Corporation, Inc. (D.C. Civil No. 84-05760). Erie-Western Pennsylvania Port Authority and Codan Corporation ("Erie"), in 91-1634
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** July 26, 1993
- **Citations:** 998 F.2d 1144
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Alito, Becker, Cowen, Greenberg, Lewis, Mansmanbf, Mansmann, Nygaard, Roth, Scirica, Sloviter, Stapleton
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9011907

## Opinion text

SUR PETITION FOR REHEARING
July 26, 1993
The petition for rehearing filed by Bessemer and Lake Erie Railroad Company in the above entitled case having been submitted to the judges who participated in the decision of this .court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in bane, the petition for rehearing is denied. Judges Becker, Sta-pleton and Alito would grant rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9011907. Public record. Not legal advice.
