IN RE BOSTON & PROVIDENCE RAILROAD CORP.

No. 7703.

435 F.2d 825 (1970)

In the Matter of BOSTON & PROVIDENCE RAILROAD CORP., Debtor. Boston & Providence Railroad Development Group, Appellant.

United States Court of Appeals, First Circuit.

December 24, 1970.


Attorney(s) appearing for the Case

Armistead B. Rood, Boston, Mass., for appellant.

Robert W. Meserve, Boston, Mass., with whom Laurence M. Channing, Hill & Barlow, Benjamin H. Lacy, Nutter, McClennen & Fish, James Garfield, and Choate, Hall & Stewart, Boston, Mass., were on brief, for the Reorganization Managers of the Boston & Providence Railroad Corp. and others, appellees.

Charles W. Mulcahy, Jr., Boston, Mass., for Charles W. Bartlett, Trustee in Reorganization of the Boston & Providence Railroad Corp., appellee.

Paul A. Sweeney, Atty., Dept. of Justice, for the United States, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

Appellant appeals two orders entered by the District Court for the District of Massachusetts. The first authorized the trustees and reorganization managers of the debtor, Boston & Providence Railroad, to petition the Interstate Commerce Commission for authority to consummate a Plan of Reorganization previously approved by the I.C.C. and the courts. Appellants objected that approval of the Plan would give the Penn-Central Railroad, which had just announced...

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