Boston & Maine Corp. v. Massachusetts Bay Transportation Authority
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Chief Judge.
On June 30, 1983, the Boston and Maine Corporation (“B & M”), a railroad operator, was discharged from bankruptcy by a Consummation Order stating that it was “free and clear of all claims.” The Order was pursuant to § 77 of the Bankruptcy Act of 1898, 11 U.S.C. § 205 (repealed 1978). B & M was the operator of what is now known as the MBTA Commuter Rail Maintenance Facility (“the Terminal”), a thirty-four-acre railroad terminal in the greater Boston area used for refueling diesel trains. In 1983, the Terminal was owned by the Massachusetts Bay Transportation Authority (“the…
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