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STEPAK v. SCHEY

No. 88-1940.

51 Ohio St. 3d 8 (1990)

STEPAK, APPELLEE, v. SCHEY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Ulmer & Berne, Marvin L. Karp, Daniel A. Friedlander and Harvey Greenfield, for appellee.

Jones, Day, Reavis & Pogue, Patrick F. McCartan, John M. Newman, Jr., Katherine B. Jenks and Robert M. Duncan, for appellants.

Murray & Murray Co., L.P.A., Dennis E. Murray, Sr., Dennis E. Murray, Jr., John T. Murray and Kirk J. Delli Bovi, urging affirmance for amici curiae Maureen Gergely et al.

MOYER, C.J.

The issue presented by this appeal is whether a complaint alleging breach of fiduciary duty and challenging the price per share paid in a cash-out merger must be brought under R.C. 1701.85, the appraisal statute.

Plaintiff-appellee contends that "a claim that the directors of a corporation breached their fiduciary duty to obtain the best price obtainable for all of the shareholders when the company...

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