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IN RE BANGOR & ARROSTOOK R.R. CO.

Bankruptcy No. 01-11565. Adversary Nos. 03-1205, 03-1206, 03-1211.

320 B.R. 226 (2005)

In re BANGOR & AROOSTOOK RAILROAD, Debtor. James E. Howard, Chapter 11 Trustee of Bangor & Aroostook Railroad Company, Plaintiff, v. Burlington Northern & Santa Fe Railway Company, Defendant, James E. Howard, Chapter 11 Trustee of Bangor & Aroostook Railroad Company, Plaintiff, v. CSX Transportation, Inc., Defendant, James E. Howard, Chapter 11 Trustee of Bangor & Aroostook Railroad Company, Plaintiff, v. Canadian Pacific Railway Limited, Defendant.

United States Bankruptcy Court, D. Maine.

February 15, 2005.

Attorney(s) appearing for the Case

Gayle H. Allen, David C. Johnson, Roger A. Clement, Verrill & Dana, Portland, ME, for Plaintiff.

Leonard M. Gulino, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for Defendants.

MEMORANDUM OF DECISION

JAMES B. HAINES, JR., Bankruptcy Judge.

In these consolidated adversary proceedings, the trustee of Bangor and Aroostook Railroad Company ("BAR")1 asserts that the defendants, other railroads who were entitled to payment from interline freight charges at all pertinent times, "improved their position" vis a vis BAR during the ninety days before bankruptcy (i.e., they were owed less on the petition date than...

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