Ajayem Lumber Corp. v. Penn Central Transportation Co.

Second Circuit

Ajayem Lumber Corp. v. Penn Central Transportation Co.

496 F.2d 21

Court of Appeals for the Second Circuit·Decided March 29, 1974·No. Nos. 843, 848, Dockets 72-2123, 72-2189·Published·Cited by 1 cases

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PER CURIAM.

Appellant Long Island Rail Road Company petitions for clarification of our order of November 7, 1973, with respect to the measure of damages which the Long Island is entitled to recover.

In the absence of some showing to the contrary, it would appear that the Long Island is entitled to any net revenue reduction caused by the increased joint rates to which it objected. In order to recover the Long Island would have to show the reduction in traffic attributable to the new rates and the revenue it would have realized on the lost traffic if the rates had not been increased over its objection. Offset against this amount would be the increased revenue realized by the Long Island as a result of the increased rates and the reduction in expenses occasioned by its handling of a reduced volume of business.

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PER CURIAM.

Appellant Long Island Rail Road Company petitions for clarification of our order of November 7, 1973, with respect to the measure of damages which the Long Island is entitled to recover.

In the absence of some showing to the contrary, it would appear that the Long Island is entitled to any net revenue reduction caused by the increased joint rates to which it objected. In order to recover the Long Island would have to show the reduction in traffic attributable to the new rates and the revenue it would have realized on the lost traffic if the rates had not been increased over its objection. Offset against this amount would be the increased revenue realized by the Long Island as a result of the increased rates and the reduction in expenses occasioned by its handling of a reduced volume of business.

Ajayem Lumber Corp. v. Penn Central Transportation Co., 496 F.2d 21 (2d Cir. 1974).

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