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REED v. MESERVE

Civ. A. No. 72-270.

353 F.Supp. 141 (1973)

Carroll P. REED and William Levy, doing business under the name and style of North Conway Depot Company, v. Robert W. MESERVE et al.

United States District Court, D. New Hampshire.

January 22, 1973.

Attorney(s) appearing for the Case

Frederic K. Upton, Upton, Sanders & Upton, Concord, N. H., for plaintiff.

Sidney Weinberg, Boston, Mass., for trustees.

OPINION

BOWNES, District Judge.

This is an action to enforce an Order of the Interstate Commerce Commission, and jurisdiction is founded upon 28 U. S.C. § 1336(a). Jurisdiction is also based on diversity of citizenship and jurisdictional amount. 28 U.S.C. § 1332.

The issue in this case is whether the North Conway Depot Company, as a prospective purchaser of the 8.5 mile segment of land and trackage of the Conway Branch extending between...

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