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IN RE BOSTON & PROVIDENCE RAILROAD CORPORATION

Nos. 7575, 7597.

428 F.2d 159 (1970)

In the Matter of BOSTON & PROVIDENCE RAILROAD CORPORATION, Debtor. Richard Joyce Smith, Trustee, Appellant. Joseph B. Hyman, Cross-Appellant.

United States Court of Appeals, First Circuit.

Rehearing Denied July 9, 1970.

Attorney(s) appearing for the Case

Joseph P. Cooney, Hartford, Conn., with whom James Wm. Moore, New Haven, Conn., David T. Ryan, and Cooney & Scully, Hartford, Conn., were on brief, for Richard Joyce Smith, Trustee.

Talcott M. Banks, Boston, Mass., with whom Armistead B. Rood, Lawrence T. Perera, Donald F. Winter, and Palmer & Dodge, Boston, Mass., were on brief for Boston & Providence R.R. Development Group and Joseph B. Hyman.

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

McENTEE, Circuit Judge.

This is another episode in the protracted litigation concerning the reorganization of the Boston & Providence Railroad. Commenced in 1938, the reorganization appears to be drawing to a close with our recent affirmance of the district court's confirmation of a plan. In re Boston & Providence R.R., 413 F.2d 137 (1st Cir. 1969), cert. denied, Boston & Providence R.R. Development Group v. Bartlett,...

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