ENDICOTT JOHNSON CORP. v. BADE


45 A.D.2d 407 (1974)

In the Matter of Endicott Johnson Corporation, Appellant-Respondent, v. Frederick M. Bade et al., Respondents, and Aaron G. Berse et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 25, 1974.


Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (Alan R. Wentzel of counsel), for appellant-respondent.

Zissu & Harris (Herman Mark Harris of counsel), for respondents.

Abraham Glickman and David B. S. Cohen for Aaron G. Berse, respondent-appellant.

Gertrude and Joseph W. Obreiter, Jr., respondents-appellants, pro se.

STALEY, JR., J. P., MAIN and REYNOLDS, JJ., concur.


KANE, J.

As a result of a proposed merger between petitioner, Endicott Johnson Corporation (herein designated E. J.), and McDonough Co., the court appointed an appraiser to receive evidence and recommend a decision as to the fair value of shares owned by dissenters to the proposed corporate merger. The report of the appraiser recommended, and fixed the fair value of E. J. common stock at $45.75 per share; the...

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