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BRYAN v. BROCK & BLEVINS CO., INC.

No. 72-3601.

490 F.2d 563 (1974)

R. J. BRYAN, Plaintiff-Appellee, v. BROCK & BLEVINS CO., INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 16, 1974.

Attorney(s) appearing for the Case

Charles J. Gearhiser, Chattanooga, Tenn., George Paul Shaw, Lafayette, Ga., for defendants-appellants.

Frank M. Gleason, Rossville, Ga., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 16, 1974.

TUTTLE, Circuit Judge:

This appeal raises the question whether the Georgia Merger Statute, Section 22-1001 et seq., including the right of the merged corporation to eliminate a dissenting stockholder upon an appraisal and acquisition of his stock, can be used solely for the purpose of "freezing out" a minority dissenting stockholder.

Jurisdiction in the United States District Court was obtained...

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