THOMAS v. KEMPNER


398 A.2d 320 (1979)

Lyda Ann Q. THOMAS, Individually and as Custodian for Eliza McIntyre Thomas, Ian Thomas, Taylor Thomas, and Zachary Cecil Kempner Thomas, and J. Redmond Thomas, Individually, Plaintiffs, v. Harris L. KEMPNER, Sr., Harris L. Kempner, Jr., Thomas L. James, Cecile Kempner, I. H. Kempner, Peter K. Thompson, Harris K. Weston, Alan Pryce-Jones, and Sugarland Industries, Inc., a Delaware Corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided January 26, 1979.


Attorney(s) appearing for the Case

Andrew B. Kirkpatrick, Jr., Richard L. Sutton, and William T. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, and Dempsey J. Prappas and Brantly Harris, of Prappas, Moncure, Harris & Termini, Houston, Tex., for plaintiffs.

Charles F. Richards, Jr., Allen M. Terrell, Jr., and Donald A. Bussard, of Richards, Layton & Finger, Wilmington, and Ben G. Sewell, of Sewell, Junell & Riggs, Houston, Tex., for the individual defendants, and as special counsel for defendant Sugarland Industries, Inc.

Robert K. Payson, of Potter, Anderson & Corroon, Wilmington, for defendant Sugarland Industries, Inc.

Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, for United States Nat. Bank of Galveston, Trustee, a stockholder of Sugarland Industries, Inc., intervenor.


MARVEL, Chancellor:

In 1973, the principal asset of the defendant Sugarland Industries, Inc. was what at one time had presumably been at various times a sugar, rice and cotton plantation made up of some 75001 acres of diked lowland, located in the valley of the Brazos River approximately twenty miles southwest of the business center of Houston, Texas, and easily accessible from such city by freeway...

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