469 F2d 1395 St Johnsbury and Lamoille County Railroad v. Canadian Pacific Railway Company

469 F.2d 1395

11 UCC Rep.Serv. 937

ST. JOHNSBURY AND LAMOILLE COUNTY RAILROAD, Plaintiff-Appellant,
v.
CANADIAN PACIFIC RAILWAY COMPANY, Defendant-Appellee.

No. 330, Docket 72-1893.

United States Court of Appeals,
Second Circuit.

Argued Dec. 8, 1972.
Decided Dec. 22, 1972.

Robert J. Kurrle, Barre, Vt. (Richard E. Davis, Barre, Vt., of counsel), for plaintiff-appellant.

Robert D. Rachlin, St. Johnsbury, Vt. (Downs, Rachlin & Martin, St. Johnsbury, Vt., of counsel), for defendant-appellee.

Before LUMBARD, SMITH and MANSFIELD, Circuit Judges.

PER CURIAM:

1

The judgment is affirmed upon the carefully considered opinion of Judge Oakes, reported at 341 F.Supp. 1368 (D.Vt.1972).

2

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* Of the United States Court of Appeals for the Second Circuit, sitting by designation.