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CONSOLIDATED RAIL CORP. v. FORE RIVER RY. CO.

No. 88-1114.

861 F.2d 322 (1988)

CONSOLIDATED RAIL CORPORATION, Plaintiff, Appellee, v. FORE RIVER RAILWAY CO., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Holly K. Salamido with whom Richard D. Bickelman and Deutsch Williams Brooks DeRensis Holland & Drachman, P.C., Boston, Mass., were on brief, for defendant, appellant.

Michael A. Fitzhugh with whom Clinton R.G. Anderson and Fitzhugh & Associates, Boston, Mass., were on brief, for plaintiff, appellee.

Before TORRUELLA and SELYA, Circuit Judges, and ATKINS, Senior District Judge.

TORRUELLA, Circuit Judge.

Fore River Railway Company ("Fore River") appeals an order of the district court granting partial summary judgment in favor of Consolidated Rail Corporation ("Conrail") pursuant to Fed.R.Civ.P. 56. Because we find that the district court improperly certified its judgment under Fed.R.Civ.P. 54(b), we dismiss that part of the appeal for lack of jurisdiction. In addition, Fore River appeals the appointment of a receiver for its assets, as ordered...

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