Transkentucky Transportation Railroad v. Louisville & Nashville Railroad

MEMORANDUM OPINION AND ORDER

SCOTT REED, District Judge.

This action, brought under §§ 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2, is currently before the Court on the motion of defendants to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)l for lack of subject matter jurisdiction, and pursuant to Fed.R.Civ.P. 12(b)6 for failure to state a claim upon which relief can be granted.

The plaintiffs in this action (hereinafter referred to as TTI) are three corporations organized in the late 1970’s to transport coal from central Kentucky to the Ohio River, where the coal would be…