Legal Opinion
Fidelity Bank v. Penn Central
District Court, E.D. Pennsylvania
Decided October 20, 1972No. 70-347PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER NO. 980
FULLAM, District Judge.
FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER
Fidelity Bank, a minority shareholder of the New York & Harlem Railroad (“Harlem”) has brought this action, derivatively on behalf of the Harlem, challenging the 1873 lease of the Harlem rail assets to the Debtor’s predecessors. As amended by stipulation of counsel, the complaint makes the following assertions :
Count 1 — The terms of the lease are unconscionable, unfair to the ' Harlem, *762and the lease should therefore be nullified in whole or in part; alternatively, this Court should now…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Ripley v. International Railways of Central AmericaNew York Court of Appeals · 1960
- Transit Commission v. United StatesSupreme Court of the United States · 1933
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3Cited by3 opinions
- In Re Penn Central Transportation Co.District Court, E.D. Pennsylvania · 1978
- American Mutual Liability Insurance v. Michigan Mutual Liability Co.Michigan Court of Appeals · 1975
- American Mut. Liab. Ins. Co. v. Mich. Mut. Liab. Co.Michigan Court of Appeals · 1975