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MATTER OF BOSTON & MAINE CORP.

No. 78-1444.

596 F.2d 2 (1979)

In the Matter of BOSTON AND MAINE CORPORATION, Debtor. Appeal of STATE OF NEW HAMPSHIRE.

United States Court of Appeals, First Circuit.

Decided April 5, 1979.

Attorney(s) appearing for the Case

Anthony E. Battelle, Boston, Mass., with whom John T. Collins, and Sherburne, Powers & Needham, Boston, Mass., were on brief, for appellant.

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

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

LEVIN H. CAMPBELL, Circuit Judge.

In 1970 the United States District Court for the District of Massachusetts ("reorganization court") approved a petition for the reorganization of the Boston and Maine Corporation (B&M) pursuant to § 77(a) of the Bankruptcy Act, 11 U.S.C. § 205(a), and appointed trustees of its property, 11 U.S.C. § 205(c)(1). Later in 1970, upon the petition of the B&M trustees, the reorganization court under 11 U.S.C. §...

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