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Legal Opinion

In the Matter of Penn Central Transportation Company, Usx Corporation and Bessemer and Lake Erie Railroad Company

Court of Appeals for the Third Circuit

Decided December 12, 1995No. 94-2154PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellants, USX Corporation and the Bessemer and Lake Erie Railroad Company, sued the reorganized Penn Central Transportation Company (now known as American Premier Underwriters, Inc.) for contribution and indemnity based on Penn Central’s participation with them in an antitrust conspira cy. Although appellants were held hable for nearly $600 million in damages from that conspiracy, see In re Lower Lake Erie Iron Ore Antitrust Litig., 998 F.2d 1144 (3d Cir.1993), the courts ruled that the direct claims against Penn Central were barred by its…

2Cases cited10 opinions

  1. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  2. York v. First Presbyterian ChurchSupreme Court of the United States · 1985
  3. 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 91-1634Court of Appeals for the Third Circuit · 1993
  4. Schweitzer v. Consolidated Rail Corp.Court of Appeals for the Third Circuit · 1985
  5. Sea-Land Service, Inc. v. United StatesCourt of Appeals for the Third Circuit · 1989

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3Cited by12 opinions

  1. In the Matter of Reading Company, Debtor. United States of America, in 95-1987. In the Matter of Reading Company, Debtor. Consolidated Rail Corporation, in 95-1988Court of Appeals for the Third Circuit · 1997
  2. Phyllis Jaskey Jones v. Chemetron CorporationCourt of Appeals for the Third Circuit · 2000
  3. Keeler v. PRA Receivables Management, LLC (In Re Keeler)United States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. Matter of MatteraUnited States Bankruptcy Court, D. New Jersey · 1997
  5. Boston & Maine Corp. v. Massachusetts Bay Transportation AuthorityCourt of Appeals for the First Circuit · 2009

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