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DELAWARE & HUDSON RY. CO. v. CENTRAL VT. PUB. SERV.

No. 130-75.

360 A.2d 86 (1976)

DELAWARE & HUDSON RAILWAY CO. v. CENTRAL VERMONT PUBLIC SERVICE CORP.

Supreme Court of Vermont.

June 1, 1976.

Attorney(s) appearing for the Case

Sullivan & McCaffrey, Rutland, for plaintiff.

Jeff Taylor, Rutland, for defendant.

Before BARNEY, C. J., SMITH, DALEY and LARROW, JJ., and SHANGRAW, C. J. (Ret.), Specially Assigned.

On Reargument

BARNEY, Chief Justice.

This opinion is the result of a hearing on reargument, after an entry of dismissal on original hearing. The original entry was in error in any event because it failed to deal with certain moneys admittedly due and owing from the defendant to the plaintiff. The other basis for reargument comes about because the entry of dismissal was based on a particular statute dealing with electric company rights to use railroad...

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