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WHITLOCK v. BOSTON & M. R. R.

No. 2281.

29 F.2d 351 (1928)

WHITLOCK v. BOSTON & M. R. R. et al.

Circuit Court of Appeals, First Circuit.

November 27, 1928.

Attorney(s) appearing for the Case

A. A. Ballantine, of New York City (Root, Clark, Buckner, Howland & Ballantine, of New York City, on the brief), for appellant.

Edward F. McClennen and Charles B. Newhall, both of Boston, Mass., for appellee Northern Railroad.

Before JOHNSON, Circuit Judge, and HALE and MORTON, District Judges.

HALE, District Judge.

On December 30, 1889, the Northern Railroad, a New Hampshire corporation, leased for a term of 99 years, to the Boston & Lowell Corporation, a Massachusetts corporation, the following property:

"(1) The railroad of the party of the first part (namely the Northern Railroad), extending from Concord in the state of New Hampshire, to White River junction in the state of Vermont, and the branch thereof to Bristol in the state of New Hampshire...

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