GABHART v. GABHART

No. 75-2090.

545 F.2d 877 (1977)

Wyndham H. GABHART, Plaintiff-Appellant, v. Howard GABHART et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 1977.


Attorney(s) appearing for the Case

Frank E. Spencer, Robert W. McNevin, Indianapolis, Ind., for plaintiff-appellant.

Thomas M. Lofton, Virgil L. Beeler, Indianapolis, Ind., for defendants-appellees.

Before SWYGERT, TONE and WOOD, Circuit Judges.


TONE, Circuit Judge.

The appeal in this diversity action raises a number of questions concerning squeeze-out mergers accomplished through the merger provisions of the Indiana Corporation Act, Ind.Stat.Ann. § 23-1-5-1, et seq. The District Court entered a summary judgment against plaintiff, a squeezed-out minority shareholder. In reaching this decision, the District Court held that a minority shareholder who does not object and demand his appraisal rights...

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