COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellant,
v.
Charles W. BARTLETT, Trustee et al., Defendants, Appellees.
United States Court of Appeals First Circuit.https://leagle.com/images/logo.png
November 8, 1967.
November 8, 1967.
Attorney(s) appearing for the Case
Richard L. Seegel, Assistant Atty. Gen., with whom Elliot L. Richardson, Atty. Gen., was on brief, for appellant.
Sumner H. Babcock, Boston, Mass., with whom Bingham, Dana & Gould, Boston, Mass., was on brief, for Charles W. Bartlett, Trustee of the Boston and Providence Railroad Corporation, appellee.
Robert G. Bleakney, Jr., Boston, Mass., with whom James Wm. Moore, New Haven, Conn., Robert W. Blanchette, New Haven, Conn., and Sullivan & Worcester, Boston, Mass., were on brief, for Richard Joyce Smith and William J. Kirk, Trustees of the Property of the New York, New Haven and Hartford Railroad Company, appellees.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
United States Court of Appeals First Circuit.
ALDRICH, Chief Judge.
This appeal1 is from a declaratory judgment of the district court holding that appellant, the Commonwealth of Massachusetts, could not take by eminent domain certain railroad property in the "exclusive jurisdiction" of the district court by virtue of section 77 reorganization proceedings, 11 U.S.C. § 205, without first obtaining the consent of the Interstate Commerce Commission and the district court, neither...
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