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IN RE MONTREAL, MAINE & ATLANTIC RY., LTD.

BAP No. 14-033. Bankruptcy No. 13-10670-LHK.

521 B.R. 703 (2014)

MONTREAL, MAINE & ATLANTIC RAILWAY, LTD., Debtor. Wheeling & Lake Erie Railway Company, Appellant, v. Robert J. Keach, Chapter 11 Trustee, Montreal, Maine & Atlantic Canada Co., and Richter Advisory Group, Inc., Appellees.

United States Bankruptcy Appellate Panel for the First Circuit.

December 9, 2014.

Attorney(s) appearing for the Case

George J. Marcus, Esq., David C. Johnson, Esq., and Andrew C. Helman, Esq., Portland, ME, on brief for Appellant.

Michael A. Fagone, Esq., and Timothy J. McKeon, Esq., on brief for Appellee, Robert J. Keach, Portland, ME, Chapter 11 Trustee.

Before HILLMAN, GODOY, and HARWOOD, United States Bankruptcy Appellate Panel Judges.

Wheeling & Lake Erie Railway Company ("Wheeling") appeals from the bankruptcy court's Decision and Order determining that Wheeling does not have a valid, enforceable and perfected security interest in the cash proceeds paid to Montreal, Maine & Atlantic Railway, Ltd. (the "Debtor") and its affiliate under a commercial...

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