INDIANA FARM BUREAU CO-OP. ASS'N, INC. v. AgMAX, INC.

No. 54A05-9207-CV-245.

622 N.E.2d 206 (1993)

INDIANA FARM BUREAU COOPERATIVE ASSOCIATION, Inc., Appellant-Plaintiff, v. AgMax, Inc., Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied December 1, 1993.


Attorney(s) appearing for the Case

James A. McDermott, Stanley C. Fickle, Anne N. DePrez, Brian J. Martin, Barnes & Thornburg, Indianapolis, for appellant-plaintiff.

David A. Butcher, Stephen E. Arthur, George T. Patton, Jr., Bose McKinney & Evans, Indianapolis, Roger L. Miller, Miller, Martin & Stuart, Frankfort, for appellee-defendant.


RUCKER, Judge.

This is an appeal from an adverse ruling on cross motions for summary judgment. The Farm Bureau Cooperative Association (Farm Bureau) decided to merge with an Ohio-based cooperative and thus form a three-state agricultural cooperative. One of the members of the cooperative, AgMax, Inc. (AgMax) objected to the merger and sought to exercise certain statutory "dissenters' rights." Such rights permit shareholders to dissent to a merger and obtain payment...

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