IN RE BOSTON AND MAINE CORPORATION

No. 73-1069.

484 F.2d 369 (1973)

In the Matter of BOSTON AND MAINE CORPORATION, Debtor. The GROUP OF INSTITUTIONAL BONDHOLDERS, Appellant, Robert W. MESERVE, Trustee of the Property of Boston and Maine Corporation, Debtor, Appellee.

United States Court of Appeals, First Circuit.

Decided August 23, 1973.


Attorney(s) appearing for the Case

Jerome Preston, Jr., Boston, Mass., with whom Lewis H. Weinstein, Philip Burling, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellant.

Robert G. Parks, Boston, Mass., with whom Mulcahy & Mulcahy, and Charles W. Mulcahy, Jr., Boston, Mass., were on brief, for Robert W. Meserve, trustee, appellee.

John L. Davidson, Jr., St. Louis, Mo., with whom Greenfield, Davidson & Mandelstamm, St. Louis, Mo., Richard Ely, Alan L. Lefkowitz, Tom L. Peterson, and Ely, Bartlett, Brown & Proctor, Boston, Mass., were on brief, for Passaconaway Co., intervenor appellee.

John T. Collins, Boston, Mass., with whom Sherburne, Powers & Needham, Robert H. Quinn, Atty. Gen., Com. of Mass., and Mark Furcolo, Asst. Atty. Gen., Boston, Mass., were on brief, for the State of N. H., The Com. of Mass., and Vermont Railway, Inc., intervenors appellees.

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


LEVIN H. CAMPBELL, Circuit Judge.

Appellant, called the Group of Institutional Bondholders (Group), consists of insurance companies1 holding first mortgage bonds of the debtor, the Boston and Maine Corporation (B&M). The Group is now appealing from orders of the reorganization court allowing the trustee of the B&M to make certain capital expenditures. We affirm.

B&M is a medium...

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