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MILFORD-BENNINGTON R. CO., INC. v. PAN AM RAILWAYS

No. 12-1031.

695 F.3d 175 (2012)

MILFORD-BENNINGTON RAILROAD CO., INC., Plaintiff, Appellant, Peter Leishman, Plaintiff, v. PAN AM RAILWAYS, INC.; Boston and Maine Corporation; Springfield Terminal Railway Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 25, 2012.

Attorney(s) appearing for the Case

Adam Francois Watkins , with whom Watkins, Bradley & Chen LLP, Craig S. Donais and Donais Law Offices, PLLC were on brief, for appellant.

Michael J. Connolly , with whom Kelley A. Jordan-Price and Hinckley, Allen & Snyder LLP were on brief, for appellees.

Before HOWARD, RIPPLE and SELYA, Circuit Judges.

HOWARD, Circuit Judge.

Milford-Bennington Railroad Company, Inc. ("MBR") appeals an award of summary judgment to Pan Am Railways, Inc.; Boston and Maine Corporation; and Springfield Terminal Railway Company (collectively, "Pan Am") in a dispute arising from Pan Am's actions under a contract to provide MBR with access to Pan Am's railroad tracks. The district court held that Pan Am did not breach its duty of good faith and fair dealing when it exercised its contractual...

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