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DAVIS-EISENHART MARKETING v. BAYSDEN

No. 94-988.

539 N.W.2d 140 (1995)

DAVIS-EISENHART MARKETING COMPANY, INC., An Iowa Corporation, Appellee, v. Roger BAYSDEN, Appellant.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Thomas D. Hanson of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellant.

David Swinton of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LARSON, Justice.

In 1992, when Eisenhart and Associates of Des Moines and Davis Marketing Company, Inc. (both food brokers) proposed to merge the two corporations, Roger Baysden was a shareholder in one of the corporations. He dissented from the proposed merger and thereby put in motion the procedures of Iowa Code section 490.1330 (1993) to value his interest for buy out purposes. When the parties could not agree on a price, Eisenhart Marketing Company filed an action...

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