Consolidated Rail Corp. v. Delaware River Port Authority

DEL SOLE, P.J.:

¶ 1 Our Supreme Court has remanded this matter, instructing this Court to address certain issues. First, we must determine whether a declarant in a witness protection program is unavailable for purposes of Pa.R.E. 804. Secondly, we must interpret a term of the contract entered into by the parties named in this action.

¶ 2 A brief history is in order. In 1993, Consolidated Rail Corporation (“Conrail”) entered into an Intermodal Switching Letter Agreement (“I.S.L. Agreement”) with Delaware River Port Authority (“Appellant”). The I.S.L. Agreement stated that Appellant would provide…