IN RE NEW YORK TRAP ROCK CORP.

Bankruptcy Nos. 90 B 21276-21286, 90 B 21334-21335, No. 92 Adv. 5200.

141 B.R. 815 (1992)

In re NEW YORK TRAP ROCK CORP., Lone Star Industries, Inc., et al., Debtors. LACOS LAND COMPANY, a Nevada corporation, Plaintiff, v. LONE STAR INDUSTRIES, INC., a Delaware corporation, Debtor and Debtor In Possession; and Metropolitan Life Insurance Company, a New York Mutual Insurance Company, Defendant.

United States Bankruptcy Court, S.D. New York.

July 17, 1992.


Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for Lacos.

Proskauer Rose Goetz & Mendelsohn, New York City, for Defendant.

Wachtell, Lipton, Rosen & Katz, New York City, for Unsecured Creditors' Committee.

Weil, Gotshal & Manges, New York City, for Metropolitan Life Ins. Co.

Wilkie, Farr & Gallagher, New York City, for Equity Committee.


DECISION ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT AND INJUNCTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The plaintiff's motion and the debtor's cross-motion for summary judgment in this adversary proceeding bring into focus several issues of corporate governance. The primary issue is whether or not the preferred shareholders' right to elect four directors due to the debtor's nonpayment of dividends reduces the number of directors the common shareholders...

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