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WILSON v. GREAT AMERICAN INDUSTRIES, INC.

No. 80-CV-841.

770 F.Supp. 85 (1991)

Alexander WILSON, individually and as representative of all minority shareholders of Chenango Industries, Inc., other than defendants on and before October 18, 1979, Plaintiff, v. GREAT AMERICAN INDUSTRIES, INC. as a corporate entity and as a sole shareholder of Chenango Industries, Inc., Milton Koffman, Burton I. Koffman, Richard E. Koffman, as directors of Great American Industries, Inc., Chenango Industries, Inc., Joseph M. Stack as the representative of Chenango Industries in the merger between Chenango and Great American Industries, and Gary Crounse, David Keith Dyer and Sharon Lee Dyer, as Co-Executors of the Estate of David L. Dyer, deceased, William Starner, and Anthony Mincolla as directors of Chenango Industries, Inc., Defendants.

United States District Court, N.D. New York.

August 14, 1991.

Attorney(s) appearing for the Case

Coughlin & Gerhart, Binghamton, N.Y. (Peter H. Bouman, of counsel), for plaintiff.

Beveridge & Diamond, Washington, D.C. (John N. Hanson, John S. Guttmann, Daan H. Cannon, of counsel), for GAI defendants.

Hancock & Estabrook, Syracuse, N.Y. (Donald J. Kemple, of counsel), for Chenango defendants.

MEMORANDUM-DECISION & ORDER

McCURN, Chief Judge.

I. Background

This action arose out of the merger in 1979 of defendant Great American Industries, Inc. ("GAI") and defendant Chenango Industries, Inc. ("Chenango"). The plaintiff, Alexander Wilson, was a minority shareholder in Chenango. Wilson is the class representative for minority shareholders on the date of the merger. This court, in Wilson v. Great American Indus., Inc., ...

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