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ATCHISON, T. & S. F. RY. CO. v. GOLD BONDHOLDERS

Civ. A. No. 80-278.

506 F.Supp. 449 (1981)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, v. The GOLD BONDHOLDERS PROTECTIVE COUNCIL, INC., Defendant.

United States District Court, D. Delaware.

January 15, 1981.

Attorney(s) appearing for the Case

S. Samuel Arsht, William O. LaMotte, III and Thomas Reed Hunt, Jr. of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. and Weston W. Marsh and Gus Svolos, Chicago, Ill., of counsel, for plaintiff.

Norman M. Monhait of Morris & Rosenthal, P. A., Wilmington, Del., for defendant.

OPINION

LATCHUM, Chief Judge.

This case raises rudimentary but recurrent questions concerning the proper scope of federal court jurisdiction. Plaintiff, the Atchison, Topeka and Santa Fe Railway Company ("Santa Fe"), seeks a declaratory judgment that a gold payment clause contained in mortgage bonds issued in 1895 by plaintiff's corporate predecessor, under which plaintiff is obligated to make interest and principal payments on the bonds in gold coin or...

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