MOHAWK CARPET MILLS v. DELAWARE RAYON COMPANY


110 A.2d 305 (1954)

MOHAWK CARPET MILLS, Inc., a corporation of the State of New York, Plaintiff, v. DELAWARE RAYON COMPANY, a dissolved corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

December 17, 1954.


Attorney(s) appearing for the Case

William S. Potter and John P. Sinclair of Berl, Potter & Anderson, Wilmington, and Coleman Taylor, Amsterdam, N. Y., for trustees in dissolution of Delaware Rayon Co.

William H. Foulk and Robert W. Wakefield, Wilmington, and Nathan Kosseff, New York City, for holders of 2195 shares of Class A stock objecting to plan of trustees for distribution of surplus on liquidation.


MARVEL, Vice Chancellor.

In October 1954, Delaware Rayon Company was dissolved and trustees in dissolution were appointed to wind up the affairs of the company. The trustees filed a petition and report setting forth a liquidation plan, which was set down for hearing on objections and exceptions. Certain A stockholders have objected. The capital structure of Delaware Rayon Company originally consisted of authorized stock as follows: 4,500 shares of preferred stock...

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