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MUELLENBERG v. BIKON CORP.

143 N.J. 168 (1996)

669 A.2d 1382

RALPH MUELLENBERG AND BIKON-TECHNIK, G.m.B.H., PLAINTIFFS-RESPONDENTS, v. BIKON CORPORATION, DEFENDANT, AND KURT W. BURG, DEFENDANT-APPELLANT, AND ADDA FINANZIARIA, S.R.L. AND DARIO PASSERINI, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 18, 1996.

Attorney(s) appearing for the Case

Eugene H. Gilmartin argued the cause for appellant (Barry G. Leveen, attorney).

Frederick A. Nicoll argued the cause for respondents Ralph Muellenberg and Bikon-Technik, G.m.b.H.

William F. Campbell, III, argued the cause for respondents Adda Finanziaria, S.R.L., and Dario Passerini (Dillon, Bitar & Luther, attorneys).

The opinion of the Court was delivered by O'HERN, Justice.

This appeal concerns a court's authority to order shareholders representing a majority of corporate ownership to sell their shares to a minority shareholder whose rights had been oppressed by the majority. We find that the provisions of the New Jersey Corporation Business Act, N.J.S.A. 14A:12-7(1)(c) and 14A:12-7(8), do, in rare circumstances, authorize a buy...

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