GOLD BONDHOLDERS, ETC. v. ATCHISON, TOPEKA

No. 5904.

649 P.2d 947 (1982)

GOLD BONDHOLDERS PROTECTIVE COUNCIL, Richard L. Randolph, David Brenner, Karl L. Flaccus, and Lee R. Ellenberg, Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellee.

Supreme Court of Alaska.

September 3, 1982.


Attorney(s) appearing for the Case

Stephen S. DeLisio, Patricia L. Zobel, Merdes, Schaible, Staley & Delisio, Inc., Anchorage, for appellants.

Bruce E. Gagnon, Atkinson, Conway, Bell & Gagnon, Anchorage, for appellee.

Before BURKE, C.J., RABINOWITZ, CONNOR and COMPTON, JJ., and SCHULZ, Superior Court Judge.


OPINION

CONNOR, Justice.

This case concerns the enforceability of certain "gold clauses" in bonds issued in the nineteenth century by a private corporation.

Appellants are persons who in 1980 purchased certain bonds of the Atchison, Topeka and Santa Fe Railway Company (Santa Fe). The bonds were issued in 1895. The "gold clause" in the bonds promised to pay in 1995 the face amount of the bonds to the bondholders in "gold coin of the United States...

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