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SHAWNEE TELECOM RESOURCES, INC. v. BROWN

No. 2009-SC-000574-DG.

354 S.W.3d 542 (2011)

SHAWNEE TELECOM RESOURCES, INC., Successor by Merger to Shawnee Technology, Inc., Appellant, v. Kathy BROWN, Appellee.

Supreme Court of Kentucky.

October 27, 2011.

Attorney(s) appearing for the Case

Derise Duane Cook, Georgetown, KY, Counsel for Appellant.

Clark Philip Case, Case & Case, LLP, Jessica K. Case, Getty & Childers, PLLC, Lexington, KY, Counsel for Appellee.

Janet Jakubowicz, Brent Robert Baughman, Greenbaum, Doll & McDonald, Louisville, KY, Counsel for Amicus Curiae, The Kentucky Chamber of Commerce.

Opinion of the Court by Justice ABRAMSON.

Subtitle 13 of the Kentucky Business Corporation Act, Kentucky Revised Statutes (KRS) Chapter 271B, gives shareholders the right to dissent from certain significant corporate actions and to obtain "fair value" from the corporation for their shares. This Court has never addressed "fair value" in a dissenters' rights action, leaving that issue to be governed for many years by the Court of Appeals decision in Ford v. Courier...

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