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FLEMING v. INTERNATIONAL PIZZA SUPPLY

No. 49S02-9703-CV-166.

676 N.E.2d 1051 (1997)

Kenneth W. FLEMING, Appellant (Counter-plaintiff below), v. INTERNATIONAL PIZZA SUPPLY CORP., Peter Y. Jensen, Harry Kim, and International Pizza Supply Company, Inc., Appellees (Counter-defendants below).

Supreme Court of Indiana.

March 3, 1997.

Attorney(s) appearing for the Case

David E. Wright, David R. Day, Ronald G. Sentman, Johnson, Smith, Densborn, Wright & Heath, Indianapolis, for Appellant.

Alan S. Brown, Robert W. Wright, Locke Reynolds Boyd & Weisell, Indianapolis, for Appellee.

SULLIVAN, Judge.

We address whether the legislature's response to our decision in Gabhart v. Gabhart, 267 Ind. 370, 370 N.E.2d 345 (1977), precludes a dissenting shareholder from bringing separate actions for breach of fiduciary duty and fraud when statutory appraisal remedies are available.

Background

Kenneth W. Fleming and Peter Jensen formed International Pizza Supply Corporation under the Indiana...

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