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AUSTIN ET AL. v. CITY STORES COMPANY (NO. 1)

89 Pa. D. & C. 57 (1953)

Austin et al. v. City Stores Company (No. 1)

Common Pleas Court of Philadelphia County, Pennsylvania.

November 28, 1953.

Attorney(s) appearing for the Case

Edmonds, Obermayer & Rebmann, for plaintiffs.

Sundheim, Folz, Kamsler & Goodis and Wolf, Block, Schorr & Solis-Cohen, for defendant.

ALESSANDRONI, J., November 28, 1953.

These proceedings were instituted under the provisions of the Act of May 5, 1933, P.L. 364, sec. 908, 15 PS § 2852-908, as amended, providing for the appraisal at "fair value" of the dissenting shares to a corporate merger. The shares which refuse to assent to the merger must be appraised at their "fair value" as of the day prior to the date of the vote on the merger. At issue...

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