United States First Circuit

The bankruptcy court does not have the authority, under section 1170 of the Bankruptcy Code, to adversely abandon the lines or trackage rights of a non-debtor, on the petition of a debtor railroad who owned those lines at the time of bankruptcy.

Appellate Information

• Decided 11/24/2004
• Published 11/24/2004

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas M. Reiter, with whom Rory FitzPatrick, Steven P. Wright, Kirkpatrick & Lockhart, LLP, Roger A. Clement, Jr., Andrew R. Sarapas, and Verrill & Dana, LLP, were on brief, for appellant and petitioner., Charles A. Spitulnik, Alex Menendez, and McLeod, Watkinson & Miller were on brief for Fraser Papers Limited, intervenor.


• For Appellees:
  
• William C. Sippel, with whom Thomas J. Litwiler, Fletcher & Sippel, LLC, George J. Marcus, and Marcus, Clegg & Mistretta, P.A., were on brief, for appellees Canadian National Railway Company and Waterloo Railway Company., Alice C. Saylor, Attorney, Surface Transportation Board, Ellen D. Hanson, General Counsel, Craig M. Keats, Deputy General Counsel, R. Hewitt Pate, Assistant Attorney General, Department of Justice, Makan Delrahim, Deputy Assistant Attorney General, Robert B. Nicholson, Attorney, and John P. Fonte, Attorney, were on brief for respondents Surface Transportation Board and United States of America.