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IN RE MONTREAL, MAINE & ATLANTIC RY., LTD.

BAP No. 14-033. Bankruptcy No. 13-10670-LHK.

521 B.R. 703 (2014)

MONTREAL, MAINE & ATLANTIC RAILWAY, LTD., Debtor. Wheeling & Lake Erie Railway Company, Appellant, v. Robert J. Keach, Chapter 11 Trustee, Montreal, Maine & Atlantic Canada Co., and Richter Advisory Group, Inc., Appellees.

United States Bankruptcy Appellate Panel for the First Circuit.

December 9, 2014.

Attorney(s) appearing for the Case

George J. Marcus, Esq. , David C. Johnson, Esq. , and Andrew C. Helman, Esq. , Portland, ME, on brief for Appellant.

Michael A. Fagone, Esq. , and Timothy J. McKeon, Esq. , on brief for Appellee, Robert J. Keach, Portland, ME, Chapter 11 Trustee.

Before HILLMAN, GODOY, and HARWOOD, United States Bankruptcy Appellate Panel Judges.

Wheeling & Lake Erie Railway Company ("Wheeling") appeals from the bankruptcy court's Decision and Order determining that Wheeling does not have a valid, enforceable and perfected security interest in the cash proceeds paid to Montreal, Maine & Atlantic Railway, Ltd. (the "Debtor") and its affiliate under a commercial...

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