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REED v. MESERVE

No. 73-1147.

487 F.2d 646 (1973)

Carroll P. REED et al., Plaintiffs-Appellees, v. Robert W. MESERVE et al., Defendants, Robert W. Meserve, Trustee, etc., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 15, 1973.

Attorney(s) appearing for the Case

Sidney Weinberg, Boston, Mass., for appellants.

Frederic K. Upton, Concord, N. H., with whom Upton, Sanders & Upton, Concord, N. H., was on brief, for Carroll P. Reed and William Levy, appellees.

Charles H. White, Jr., Atty., I. C. C., with whom Fritz R. Kahn, Gen. Counsel, Washington, D.C., was on brief, for I. C. C., appellee.

Before COFFIN, Chief Judge, KILKENNY Senior Circuit Judge, and CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Meserve, trustee of the bankrupt Boston & Maine Corporation (B & M), appeals from a district court order requiring him to sell 8.5 miles of rail trackage in New Hampshire to appellee, North Conway Depot Company (Depot). Depot, a partnership, has since 1965 owned the B & M's former depot, turntable, engine house, and sundry railroad properties in the Village of North Conway. It...

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