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MATTER OF DELAWARE & HUDSON RY. CO.

Bankruptcy No. 88-342, Adv. No. 90-42.

127 B.R. 756 (1991)

In the Matter of DELAWARE & HUDSON RAILWAY COMPANY, a Delaware corporation, Debtor. Francis P. DICELLO, as Trustee, for the Delaware and Hudson Railway Company, Plaintiff, v. BOSTON AND MAINE CORPORATION, and Maine Central Railroad Company, Defendants.

United States Bankruptcy Court, D. Delaware.

May 7, 1991.

Attorney(s) appearing for the Case

Eduard F. von Wettberg, III, Joanne B. Wills, Wilmington, Del., Arthur B. Vieregg, Jr., Rodney H. Glover, B. Lee Willis, Washington, D.C., for trustee.

Jeffrey S. Goddess, Mark Minuti, Wilmington, Del., John H. Broadley, David A. Handzo, Julie M. Carpenter, Washington, D.C., for defendants.

HELEN S. BALICK, Bankruptcy Judge.

The Trustee of the Delaware & Hudson Railway Company (D & H) sued its related corporations the Boston and Maine Corporation (B & M) and the Maine Central Railroad Company (MeC) for the turnover of 5.5 million dollars collected by them for freight shipments carried by the D & H in the three months preceding its bankruptcy filing on June 20, 1988. The Trustee alleges that MeC and B & M in refusing to turnover these...

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