IN RE MONTREAL, MAINE & ATLANTIC RAILWAY, LTD.

No. 19-1894.

956 F.3d 1 (2020)

IN RE MONTREAL, MAINE & ATLANTIC RAILWAY, LTD., Debtor. Wheeling & Lake Erie Railway Company, Appellant, v. Robert J. Keach, in his capacity as Estate Representative for Montreal, Maine & Atlantic Railway, Ltd., Appellee.

United States Court of Appeals, First Circuit.

April 9, 2020.


Attorney(s) appearing for the Case

George J. Marcus and Daniel L. Rosenthal , with whom Marcus Clegg , Portland, ME, was on brief, for appellant.

Adam R. Prescott , with whom Robert J. Keach , Letson B. Douglass , and Bernstein, Shur, Sawyer & Nelson, P.A., Portland, ME, were on brief, for appellee.

Before Howard, Chief Judge, Selya and Lynch, Circuit Judges.


On the surface, this appeal poses intricate questions concerning such esoteric areas of the law as secured transactions, carriage of goods, and corporate reorganization. Digging deeper, though, the appeal turns on abecedarian principles relating to the allocation of the burden of proof and the deference due to the finder of...

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