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  5. 70 N.Y.2d 244 (1987)
 

GREEN v. SANTA FE INDUS.

70 N.Y.2d 244 (1987)

S. William Green et al., as Executors of The Estate of Louis A. Green, Deceased, et al., Plaintiffs, and Cecil R. Borg et al., as Trustees under the Will of Myron Borg, Jr., Deceased, et al., Appellants, v. Santa Fe Industries, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Sidney Bender, Aaron Lewittes, Janine L. Bender and Syma S. Levine for appellants.

William R. Glendon, Guy C. Quinlan and Diane Boenig Cavanaugh for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and BELLACOSA concur; Judge KAYE taking no part.

HANCOCK, JR., J.

Plaintiffs,1 formerly minority stockholders of Kirby Lumber Corp., have brought this action for damages against Santa Fe Industries and two of its subsidiaries — Santa Fe Resources and Kirby Lumber Corporation2 — arising out of a Delaware short-form, freeze-out merger (Delaware Corporation Law § 253) by which Kirby became...

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