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BELL v. KIRBY LUMBER CORP.

413 A.2d 137 (1980)

Edith K. BELL et al., Petitioners Below-Appellants/Cross-Appellees, v. KIRBY LUMBER CORPORATION, Respondent Below-Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided February 20, 1980.

Attorney(s) appearing for the Case

James F. Burnett, Wilmington (argued) of Potter, Anderson & Corroon, Wilmington, for petitioners below-appellants/cross-appellees.

William O. LaMotte, III and A. Gilchrist Sparks, Wilmington (argued), S. Samuel Arsht and Lawrence A. Hamermesh of Morris, Nichols, Arsht & Tunnell, Wilmington, for respondent below-appellee/cross-appellant.

Before McNEILLY, QUILLEN and HORSEY, JJ.

McNEILLY, Justice:

This is an appeal and cross-appeal from the Vice-Chancellor's denial of exceptions taken by certain minority stockholders (stockholders) and by the surviving corporation, Kirby Lumber Company (Kirby) to the appraiser's final report following a short form merger (8 Del.C. § 253). Alfred Folweiler, another stockholder, appeals from the rejection by the Vice-Chancellor of his timely letter addressed...

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