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MORRIS v. INVESTMENT LIFE INS. CO.

No. 69-754.

27 Ohio St. 2d 26 (1971)

MORRIS, SUPT. OF INSURANCE, v. INVESTMENT LIFE INS. CO., APPELLEE; SILVAS ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Messrs. George, Greek, King, McMahon & McConaughey, and Mr. Darold I. Greek, and Mr. David A. Johnston, and Mr. Kiehner Johnson, for appellee Investment Life Insurance Co. of America.

Messrs. Knepper, White, Richards & Miller, and Mr. William E. Knepper, and Mr. William L. Clark, for appellants.

Per Curiam.

The appellants contend that the contract of January 9, 1963, was void ab initio because the parties failed to obtain the prior approval of the merger commission provided for in R. C. 3907.11.

R. C. 3907.10 provides, in pertinent part:

"* * * When any domestic stock company referred to in Section 3907.09 of the Revised Code proposes to merge or consolidate with any other company...

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