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IN RE PUBLIC SERVICE CO. OF NEW HAMPSHIRE

No. 89-1104.

879 F.2d 987 (1989)

In re PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, etc., Debtor. FIRST FIDELITY BANK, et al., Plaintiffs, Appellants, v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 26, 1989.

Attorney(s) appearing for the Case

John F. Pritchard, with whom Ted A. Berkowitz, Sanford B. Kaynor, Jr., and Winthrop, Stimson, Putnam & Roberts, were on brief for plaintiffs, appellants.

Isaac M. Pachulski, with whom Richard Levin, Stutman, Treister & Glatt Professional Corp. and Sulloway, Hollis & Soden, were on brief for defendant, appellee Public Service Co. of N.H.

Barbara Gruenthal, with whom Daniel M. Glosband, Christopher T. Katucki and Goodwin, Procter & Hoar, were on brief for defendant, appellee United Illuminating Co.

Before BOWNES and BREYER, Circuit Judges, and GRAY, Senior District Judge.

PER CURIAM.

First Fidelity Bank ("First Fidelity") is the Indenture Trustee for holders of Third Mortgage Bonds issued by the Public Service Company of New Hampshire ("Public Service"). The Indenture provides First Fidelity with a secured interest in a "Trust Estate," defined to include most of Public Service's real and personal property, such as its real estate, plant and equipment, along with "all tolls, rents, revenues, earnings, interest, dividends, royalties...

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