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NATIONAL STEEL WINS $87.5 MILLION COURT APPEAL AGAINST B&LE RAILROAD

 MISHAWAKA, Ind., May 28 /PRNewswire/ -- National Steel Corporation (NYSE: NS) reported today that an $87.5 million damage judgment in favor of the company has been affirmed by the United States Court of Appeals for the Third Circuit.
 The affirmation came yesterday in an opinion upholding a 1989 jury verdict against the Bessemer & Lake Erie Railroad (B&LE) and reinstating certain damages that had been dismissed by the trial court. At that time, the B&LE was a subsidiary of USX Corporation.
 The court also ruled that interest on the judgment would run from July 19, 1989, the day following the initial jury verdict.
 National Steel was one of 10 plaintiffs which filed suit against a number of railroads involved in the movement of iron ore across docks on lower Lake Erie. The jury found that there was a conspiracy among the railroads to suppress the development of self-unloading vessels for the transportation of ore.
 The illegal agreements involved the refusal to provide rail service from non-railroad docks, refusal to grant lower dock-handling charges for self-unloading vessels and refusal to sell or lease land for docks for those vessels.
 At the trial in the U.S. District Court for the Eastern District of Pennsylvania, the jury determined that National Steel had been damaged and, after certain trebling and doubling of the damages pursuant to the Federal antitrust and Ohio antitrust laws, entered a verdict of $87.5 million for National. The Third Circuit reinstated $39.5 million in damages that the District Court had held were not proper.
 The B&LE has 14 days to ask for a rehearing en banc from the Third Circuit Court of Appeals and may file a Petition for Certiorari to the U.S. Supreme Court within 90 days.
 "It is anticipated that further appeal may be taken in this action," said William M. Wycoff of Thorp, Reed & Armstrong in Pittsburgh, counsel for National Steel. "Therefore, it may be a year until there is a final judgment."
 /delval/
 -0- 5/28/93
 /CONTACT: Robert R. Toothman of National Steel, 219-273-7552, or 412-391-1494/
 (NS)


CO: National Steel Corporation; Bessemer & Lake Erie Railroad;
 USX Corporation ST: Pennsylvania, Indiana IN: MNG TRN SU:


CD-KC -- PG007 -- 3430 05/28/93 14:09 EDT
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Publication:PR Newswire
Date:May 28, 1993
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