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PROVIDENCE & WORCESTER CO. v. BAKER

378 A.2d 121 (1977)

PROVIDENCE AND WORCESTER COMPANY, a Delaware Corporation, Defendant Below, Appellant, v. George P. BAKER, Richard C. Bond, Jervis Langdon, Jr. and Willard Wirtz, Trustees of the property of Penn Central Transportation Company, Debtor, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided September 8, 1977.

Attorney(s) appearing for the Case

E. N. Carpenter, II, and Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, for defendant below, appellant.

Bruce M. Stargatt and Richard A. Levine, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiffs below, appellees.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

HERRMANN, Chief Justice:

This appeal requires a testing of the validity, under 8 Del.C. § 151(a),1 of the voting restrictions contained in the certificate of incorporation of the defendant Providence and Worcester Company, a Delaware corporation (P & W).2 Also required is a testing of the validity, under 8 Del.C. § 216,

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