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Rail freight companies say US antitrust plaintiffs relying on cherry-picked facts on appeal

( May 7, 2026, 20:23 GMT | Official Statement) -- MLex Summary: Norfolk Southern Railway, CSX Transportation, BNSF Railway and Union Pacific Railroad told a US appeals court that a summary judgment against US price-fixing claims was the right call by the lower court, and plaintiffs’ arguments to revive the case rely on their selective account of the record. “Their citations here to ‘facts’ are most often to their own selective version of the record. They treat their lawyer-drafted ‘counterstatement of facts’ like a complaint whose allegations must be taken as true, but this is summary judgment and Judge Howell all but threw it out as a procedurally improper, ‘unwieldy’ ‘manufactured’ ‘morass,’” they argued.See attached file. ...

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