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BANGOR & A. R. CO. v. I. C. C.

No. 77-1082.

578 F.2d 444 (1978)

BANGOR AND AROOSTOOK RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent, Maine Central Railroad Company et al., Intervenors.

United States Court of Appeals, First Circuit.

May 12, 1978.

Attorney(s) appearing for the Case

Laurence S. Fordham, Boston, Mass., with whom Verne W. Vance, Jr., David W. Walker and Foley, Hoag & Eliot, Boston, Mass., were on petition for rehearing or, in the alternative, rehearing en banc.

Before CAMPBELL, Circuit Judge, TUTTLE, Circuit Judge, WOLLENBERG, District Judge.

MEMORANDUM AND ORDER

Bangor and Aroostook Railroad Company ("BAR") has petitioned for rehearing and/or, rehearing en banc, on the question whether the statute of limitations bars recovery of damages incurred by Maine Central Railroad ("MEC") and by the trustees of Boston and Maine Corp. ("B&M") prior to July 8, 1972. The statute of limitations question was addressed and decided against BAR in our opinion. BAR now claims an inconsistency between our treatment...

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