BAUGH v. CITIZENS &c. NAT. BANK

37519.

248 Ga. 180 (1981)

281 S.E.2d 531

BAUGH v. CITIZENS & SOUTHERN NATIONAL BANK et al.

Supreme Court of Georgia.

Rehearing Denied September 23, 1981.


Attorney(s) appearing for the Case

Dickens, Mangum, Burns & Moore, G. L. Dickens, Jr., Joel D. Burns, for appellant.

Alston, Miller & Gaines, Daniel B. Hodgson, G. Conley Ingram, Ben F. Johnson III, J. Scott Jacobson, Kilpatrick & Cody, William B. Gunter, Richard R. Cheatham, for appellees.


CLARKE, Justice.

The question to be answered here is whether a shareholder of a banking corporation may elect to dissent to the reorganization of the corporation and subsequently sue to enjoin the resulting merger, to have the merger set aside, and for damages.

The trial court in this case dismissed the shareholder's action holding that once a shareholder elects to dissent to the reorganization, his remedy is limited to the right to be paid the fair value...

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