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CULLEN v. MILLIGAN

No. 90-1540.

61 Ohio St.3d 352 (1991)

CULLEN ET AL., APPELLEES, v. MILLIGAN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Campbell, Hornbeck, Chilcoat & Veatch and Daniel F. Ryan, for appellees.

Emens, Hurd, Kegler & Ritter Co., L.P.A., Melvin D. Weinstein and Gene W. Holliker, for appellants.

DOUGLAS, J.

I

The first issue presented for our consideration is one of first impression for this court. This issue concerns R.C. 1701.831, Ohio's Control Share Acquisition Act. Specifically, we are asked to determine whether Cullen, in acquiring 2,480 of Fuller's shares of Gammatronix, made a "control share acquisition" and, as such, came within the parameters of R.C. 1701.831.

R.C. 1701.831 is applicable to "issuing public corporation[s]" within...

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