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ROOT v. YORK CORPORATION

Civil Action No. 409.

56 F.Supp. 288 (1944)

ROOT et al. v. YORK CORPORATION.

District Court, D. Delaware.

July 31, 1944.

Attorney(s) appearing for the Case

William H. Foulk, of Wilmington, Del., and Hays, St. John, Abramson & Schulman, of New York City, for plaintiffs.

Aaron Finger and Robert H. Richards (of Richards, Layton & Finger), both of Wilmington, Del., for defendant.

George D. Hornstein, of New York City, amicus curiae.

LEAHY, District Judge.

1. What plaintiffs seek is the cash payment in full for the value of their stock. There is respectable authority for the rule that a dissenting stockholder can not demand of the resultant company payment in cash for his shares where the merger is a lawful one, unless it is otherwise provided by statute. See Fletcher, Private Corporations, Perm.Ed., § 7164. In Hottenstein v. York Ice Machinery Corporation, 3 Cir., 136 F.2d...

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