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ALPERIN v. EASTERN SMELTING & REFINING CORP.

No. 91-P-462.

32 Mass. App. Ct. 539 (1992)

591 N.E.2d 1122

MAURICE G. ALPERIN, trustee, & others vs. EASTERN SMELTING AND REFINING CORPORATION.

Appeals Court of Massachusetts, Essex.

May 22, 1992.

Attorney(s) appearing for the Case

Edward J. Barshak (Barbara L. Siegel with him) for the defendant.

Walter A. Costello, Jr. (Julie M. Conway with him) for the plaintiffs.

Present: WARNER, C.J., KASS, PERRETTA, FINE, & GILLERMAN, JJ.

PERRETTA, J.

In 1984, Maurice Alperin (Maurice) entered into a contract with Eastern Smelting and Refining Corporation (Eastern), whereby Eastern agreed to repurchase, for full value, shares of its stock from the plaintiffs. Under the terms of the agreement, the value of the stock was to be determined by an independent auditor in accordance with a pricing formula which was part of the contract. Three years after the purchase was completed, the plaintiffs brought this...

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