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PERL v. IU INTERN. CORP.

No. 7300.

607 P.2d 1036 (1980)

Dr. R. Eastwood PERL, and all others similarly situated, Plaintiffs-Appellees, v. IU INTERNATIONAL CORPORATION, IUH Corporation, C. Brewer & Company, Limited, John M. Seabrook, Alden S. Bennett, John W.A. Buyers, Robert M. Fujimoto, John T. Jackson, Dudley C. Lewis, Fujio Matsuda, Robert L. Muller, James C. Stopford, Anson W.H. Taylor, Jr., and the First Boston Corporation, Defendants-Appellants.

Supreme Court of Hawaii.

March 6, 1980.

Attorney(s) appearing for the Case

Rodney N. Fujiyama, Honolulu (Wallace S. Fujiyama, Honolulu, on the briefs; Fujiyama, Duffy & Fujiyama, Honolulu, of counsel), for defendants-appellants.

Sidney H. Silverman, New York City (Silverman & Harnes and Bernstein & Obstfeld, P.C., New York City, of counsel; Emmet White, Jr., Honolulu, on the brief, Mau, White & Yee, Honolulu, of counsel), for plaintiffs-appellees.

Chun, Kerr & Dodd, Honolulu, for defendant-appellant, The First Boston Corp.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., and MARUMOTO and KOBAYASHI, Retired Justices, assigned by reason of vacancies.

KOBAYASHI, Justice.

This is an interlocutory appeal from the judgment of the trial court setting aside the corporate merger of IUH Corporation (IUH) and C. Brewer and Company, Limited (Brewer), both Hawaii corporations.

The basic issue is whether the merger which was concluded herein was between two Hawaii corporations, or between a Hawaii corporation and a foreign corporation.

Dr. R. Eastwood Perl (Perl), a resident of the State of New York and a...

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