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  5. 19 A.D.2d 383 (1963)
 

CASE v. NEW YORK CENT. R. R.

19 A.D.2d 383 (1963)

Gertrude E. Case et al., as Stockholders of Mahoning Coal Railroad Company, on Behalf of Themselves and All Other Stockholders Similarly Situated, Appellants, v. New York Central Railroad Company et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1963.

Attorney(s) appearing for the Case

Herbert Prashker of counsel (Charles Poletti, Bruno Schachner, Everett Lewis and Arnold Hoffman with him on the brief; Poletti Freidin Prashker & Harnett and Abramson & Lewis, attorneys), for appellants.

Thomas F. Daly of counsel (Reigh F. Klann, John A. Gray and Saul L. Sherman with him on the brief; Lord, Day & Lord, attorneys), for respondents.

BREITEL, J. P., and STEVENS, J., concur with McNALLY, J.; STEUER, J., dissents in opinion, in which EAGER, J., concurs.

McNALLY, J.

This minority stockholders' action involves the right to tax savings resulting from the filing of Federal consolidated income tax returns by defendant New York Central Railroad Company (Central) for and in behalf of itself and its affiliates for the period September 11, 1957 to December 31, 1957 and annually thereafter.

Plaintiffs are minority stockholders of Mahoning Coal Railroad Company...

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