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RATH v. RATH PACKING COMPANY

No. 51868.

136 N.W.2d 410 (1965)

Howard G. RATH, MarIon Rath Chenette, Elizabeth Rath Berner, and Howard G. Rath, Jr., Appellants, v. The RATH PACKING COMPANY, Joe Gibson, William Cameron, Wesley W. Jennings, and Harry G. Slife, Appellees, Needham Packing Company, Inc., Additional Defendant-Appellee.

Supreme Court of Iowa.

July 29, 1965.

Attorney(s) appearing for the Case

Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellants.

Swisher, Cohrt, Swisher, Finch & McCann, Waterloo, and Sullivan & Cromwell, New York City, for appellees.

GARFIELD, Chief Justice.

The question presented is whether an Iowa corporation may carry out an agreement with another corporation, designated "Plan and Agreement of Reorganization," which amounts to a merger in fact of the two without approval of holders of two thirds of its outstanding shares, as provided by section 496A.70, Code 1962, I.C.A., and its articles of incorporation. The question is one of first impression in Iowa. We must disagree with the trial court...

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