Decision 34380
Served (printed as 9/24/2004) · Decision · Entire Board
THE BOARD (1) ADDRESSED A COMPLAINT BROUGHT BY THE MILFORD-BENNINGTON RAILROAD COMPANY, INC. (M-B), AND GRANITE STATE CONCRETE CO., INC. (GRANITE STATE), AGAINST THE BOSTON AND MAINE CORP., AND ITS SUBSIDIARY, THE SPRINGFIELD TERMINAL RAILWAY COMPANY (JOINTLY, BM-ST), AND (2) CONCLUDED THAT M-B AND GRANITE STATE HAD NOT SHOWN THAT BM-ST UNREASONABLY INTERFERED WITH M-B'S ABILITY TO CARRY OUT ITS COMMON CARRIER OBLIGATION TO SERVE GRANITE STATE. THE BOARD ALSO DETERMINED THAT IT WOULD NOT REINSTATE THE EXEMPTION FROM REGULATION FOR GRANITE STATE'S SHIPMENT OF STONE, CRUSHED STONE, SAND AND GRAVEL, WHICH THE BOARD PARTIALLY REVOKED IN ORDER TO CONSIDER THIS COMPLAINT.
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