SCHLEIFF v. BALTIMORE & OHIO RAILROAD COMPANY


130 A.2d 321 (1955)

Oscar SCHLEIFF, Plaintiff, v. The BALTIMORE & OHIO RAILROAD COMPANY, a corporation of the State of Maryland, and General Motors Corporation, a corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

On Motions for Reargument April 13 and May 14, 1956.

On Renewed Motions for Summary Judgment March 15, 1957.


Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, and William E. Haudek, Pomerantz, Levy & Haudek, New York City, Robert C. Barab, Wilmington, and Charles Rosenthal, New York City, for plaintiff.

Aaron Finger and Edmund N. Carpenter, II (of Richards, Layton & Finger), Wilmington, and Henry M. Hogan, Detroit, Mich., for defendant General Motors Corp.

William Prickett, Wilmington, for defendant Baltimore & O. R. Co.


SEITZ, Chancellor.

This is a derivative action filed in July 1952 by a stockholder of a carrier, Baltimore and Ohio Railroad Company (hereafter "B & O"), seeking rescission of the sale of certain lands by B & O to a then potential shipper, General Motors Corporation (hereafter "GM"). The basic theory of the action is that the price paid for the land was legally inadequate and constituted an advance rebate on contemplated freight charges on freight which would...

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