Legal Opinion

Carroll P. Reed v. Robert W. Meserve, Robert W. Meserve, Trustee, Etc.

Court of Appeals for the First Circuit

Decided November 15, 1973No. 73-1147PublishedCited by 4 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

Meserve, trustee of the bankrupt Boston & Maine Corporation (B & M), appeals from a district court order requiring him to sell 8.5 miles of rail trackage in New Hampshire to appellee, North Conway Depot Company (Depot). Depot, a partnership, has since 1965 owned the B & M’s former depot, turntable, engine house, and sundry railroad properties in the Village of North Conway. It also owns a steam locomotive and passenger cars, and wishes to purchase the 8.5 miles of track in order to operate a passenger-carrying scenic or excursion railroad.

The disputed trackage…

2Cases cited7 opinions

  1. Colorado v. United StatesSupreme Court of the United States · 1926
  2. United States v. LowdenSupreme Court of the United States · 1939
  3. Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
  4. Interstate Commerce Commission v. Railway Labor Executives Ass'nSupreme Court of the United States · 1942
  5. Nebraska Ex Rel. Nebraska State Railway Commission v. United StatesDistrict Court, D. Nebraska · 1966

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re the Valuation Proceedings under Sections 303(c) & 306Special Court under the Regional Rail Reorganization Act · 1977
  2. In the Matter of Boston and Maine Corporation, Debtor. Appeal of State of New HampshireCourt of Appeals for the First Circuit · 1979
  3. National Wildlife Federation v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1988
  4. National Wildlife Federation v. Interstate Commerce Commission and United States of America, Association of American Railroads, Intervenor. Victoria Beres v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1988

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