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  5. 15 N.Y.2d 150 (1965)
 

CASE v. NEW YORK CENT. R. R. CO.

15 N.Y.2d 150 (1965)

Gertrude E. Case et al., as Trustees under the Will of Theodore W. Case, Deceased, et al., on Behalf of Themselves and All Other Stockholders of Mahoning Coal Railroad Company Similarly Situated, and on Behalf of Said Company, Respondents, v. New York Central Railroad Company et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 4, 1965.

Attorney(s) appearing for the Case

Norris Darrell, M. Bernard Aidinoff and Edward W. Keane for appellants.

Herbert Prashker, Charles Poletti, Bruno Schachner, Arnold Hoffman and Everett Lewis for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur.

BERGAN, J.

Plaintiffs are minority stockholders of Mahoning Coal Railroad Company, an Ohio corporation, which owns railroad lines in Ohio and leases lines in Pennsylvania. Mahoning does not operate the lines, but rents them to New York Central Railroad Company which pays it a rental of about 40% of the gross revenues from traffic on those lines.

Central pays...

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