IN RE PUBLIC SERVICE CO. OF NEW HAMPSHIRE

Nos. 89-1947 to 89-1949.

898 F.2d 1 (1990)

In re PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Debtor. (Two Cases) Appeal of PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. Appeal of UNITED ILLUMINATING COMPANY, et al.

United States Court of Appeals, First Circuit.

Decided March 1, 1990.


Attorney(s) appearing for the Case

John R. Harrington, with whom Warren C. Nighswander, Sulloway Hollis & Soden, Concord, N.H., and Stutman, Treister & Glatt, Los Angeles, Cal., were on brief, for appellant Public Service Co. of New Hampshire.

Christopher T. Katucki with whom Daniel M. Glosband, Theodore Orson, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for appellants United Illuminating Co., New England Power Co., Montaup Elec. Co., EUA Power Corp., The Connecticut Light & Power Co. and Canal Elec. Co.

Peter B. McGlynn with whom Owen R. O'Neill, Rosen, Crosson, McGlynn & Resnek, Boston, Mass., Nathan Paven, Quincy, Mass., and Nathan Paven & Associates, were on brief, for appellees Hudson Light and Power Dept. and Peabody Mun. Light Plant.

Before BREYER, ALDRICH and SELYA, Circuit Judges.


BREYER, Circuit Judge.

Public Service Company of New Hampshire is in the midst of bankruptcy proceedings. In December 1988, Hudson Light and Power filed a proof of claim. It said that it "has contract claims" against Public Service (1) as a "joint owner," and (2) as an "intended beneficiary" of certain contracts. In January 1989, Peabody Municipal Light filed a similar proof of claim, asserting similar claims, but only as an "intended beneficiary," not as a "joint...

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