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Dissenting Shareholder Appraisal Rights Over a period of several years, the Curtis-Wright Corporation (Curtiss-Wright) purchased 65 percent of the stock of Dorr-Oliver Incorporated (Dorr-Oliver). Curtiss-Wright's
Dissenting Shareholder Appraisal Rights Over a period of several years, the Curtis-Wright Corporation (Curtiss-Wright) purchased 65 percent of the stock of Dorr-Oliver Incorporated (Dorr-Oliver). Curtiss-Wright's board of directors decided that a merger with Dorr-Oliver would be beneficial to Curtiss-Wright. The board voted to approve a merger of the two companies and to pay $23 per share to the stockholders of Dorr-Oliver. The Dorr-Oliver board and 80 percent of Dorr-Oliver's shareholders approved the merger. The merger became effective. John Bershad, a minority shareholder of Dorr-Oliver, voted against the merger but thereafter tendered his 100 shares and received payment of $2, 300. Bershad subsequently sued, alleging that the $23 per share paid to Dorr-Oliver shareholders was grossly inadequate. Can Bershad obtain minority shareholder appraisal rights? Bershad v. Curtiss-Wright Corporation, 535 A.2d 840, Web 1987 Del. Lexis 1313 (Supreme Court of Delaware)
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