OWEN v. CANNON

C.A. No. 8860-CB.

NATHAN OWEN, Plaintiff, v. LYNN CANNON, BRYN OWEN, ENERGY SERVICES GROUP, INC., a Delaware corporation, and ESG ACQUISITION CORP. (n/k/a Energy Services Group, Inc.), a Delaware corporation, Defendants.

Court of Chancery of Delaware.

Decided: June 17, 2015.


Attorney(s) appearing for the Case

Kenneth J. Nachbar , D. McKinley Measley and Shannon E. German of MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Wilmington, Delaware; Attorneys for Plaintiff.

Edward M. McNally , P. Clarkson Collins, Jr. , Lewis H. Lazarus , Jason C. Jowers and Patricia A. Winston of MORRIS JAMES LLP, Wilmington, Delaware; Attorneys for Defendants.


MEMORANDUM OPINION

I. INTRODUCTION

In this joint fiduciary duty and appraisal action, Nathan Owen ("Nate"), formerly the largest stockholder of Energy Services Group, Inc. ("ESG" or the "Company"), challenges a conflicted merger (the "Merger") in which he was cashed-out of ESG in May 2013, for the right to receive...

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