BARRETT v. DENVER TRAMWAY CORPORATION

Civ. No. 345.

53 F.Supp. 198 (1943)

BARRETT et al. v. DENVER TRAMWAY CORPORATION.

District Court, D. Delaware.

As Amended January 6, 1944.


Attorney(s) appearing for the Case

Stewart Lynch, of Wilmington, Del., and Andrew P. Quinn and Frank Licht, both of Providence, R. I., for plaintiffs.

Caleb R. Layton, 3rd (of Hastings, Stockly and Layton), of Wilmington, Del., and Erskine R. Myer and Charles J. Kelly (of Hughes & Dorsey), both of Denver, Colo., for defendant.


LEAHY, District Judge.

Diversity and the requisite amount establish jurisdiction. A reclassification plan of a solvent Delaware corporation involving alteration of rights of preferred stock presents the question. This is a modification of a type of plan which has recently become current. The plan proposes creation of prior preferred stock and an offer of such new shares to holders of present preferred in exchange for old shares by cancellation of existing claims to...

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