IN RE BOSTON AND MAINE CORPORATION

Nos. 71-1170 to 71-1172.

455 F.2d 1205 (1972)

In re BOSTON AND MAINE CORPORATION, Debtor (three cases). Appeal of STATE OF NEW HAMPSHIRE. Appeal of FRANCONIA PAPER CORPORATION. Appeal of PRESCOTT LUMBER COMPANY, Inc.

United States Court of Appeals, First Circuit.

Decided February 17, 1972.


Attorney(s) appearing for the Case

David J. Killkelley, Laconia, N. H., with whom Nighswander, Lord, Martin & Killkelley, Laconia, N. H., was on brief, for Prescott Lumber Company, Inc., appellant.

Donald W. Stever, Jr., Concord, N. H., attorney, and Martin L. Gross, Concord, N. H., with whom Warren B. Rudman, Atty. Gen., and Sulloway, Hollis, Godfrey & Soden, Concord, N. H., were on brief, for The State of New Hampshire, Franconia Paper Corporation, and Franconia Manufacturing Corporation, appellants.

Sidney Weinberg, Boston, Mass., with whom Charles W. Mulcahy, Jr., Boston, Mass., was on brief, for appellees.

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


McENTEE, Circuit Judge.

This is a consolidated appeal from the order of the district court, 329 F.Supp. 1394, authorizing the trustees of the Boston and Maine Corporation (B & M) to proceed with abandonment of the railroad line between Lincoln and Concord, New Hampshire. The B & M is a bankrupt railroad in reorganization under § 77 of the Bankruptcy Act (11 U.S.C. § 205). Pursuant to § 77(o), the...

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