WOLFENSOHN v. MADISON FUND, INC.


247 A.2d 197 (1968)

Samuel C. WOLFENSOHN and Esther Buchman, in their own behalf and in behalf of all other holders of Certificates Constituting a Charge on Income, and all other holders of 5½ percent Subordinated Income Debentures, due January 1, 2033, of the Missouri-Kansas-Texas Railroad similarly situated, Plaintiffs, v. MADISON FUND, INC.; Axe-Houghton Fund A, Inc.; Axe-Houghton Fund B, Inc.; Axe-Houghton Stock Fund, Inc.; Axe Science Corp.; Bangor Punta Operations, Inc.; Missouri-Kansas-Texas Railroad Company and Katy Industries, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

October 4, 1968.


Attorney(s) appearing for the Case

H. Albert Young and H. James Conaway, Jr., of Young, Conaway, Stargatt & Taylor, Wilmington, and Irwin M. Taylor, of Kaufman, Taylor, Kimmel & Miller, New York City, for plaintiffs.

S. Samuel Arsht and David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, and Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for defendants Madison Fund, Inc., Missouri K. & T. R. Co., and Katy Industries, Inc.

Louis J. Finger, of Richards, Layton & Finger, Wilmington, for defendant Bangor Punta Operations, Inc.

Hugh Corroon, of Potter, Anderson & Corroon, Wilmington, for defendants Axe-Houghton Fund A, Inc., Axe-Houghton Fund B, Inc., Axe Science Corp., and Axe-Houghton Stock Fund, Inc.


MARVEL, Vice Chancellor.

Plaintiffs bring this suit on behalf of themselves and all other holders of two classes of securities of the Missouri-Kansas-Texas Railroad Company, one class consisting of registered non-interest bearing certificates, dated January 1, 1958, which securities constitute a charge on corporate income, and the other an issue of 5½% subordinated income debentures due January 1, 2033. As of the time...

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