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WCM INDUSTRIES v. TRUSTEES OF WILSON TRUST

No. 95CA1528.

948 P.2d 36 (1997)

WCM INDUSTRIES, INC., Plaintiff-Appellant and Cross-Appellee, v. TRUSTEES OF THE HAROLD G. WILSON 1985 REVOCABLE TRUST, Elsie G. Wilson 1985 Revocable Trust, David H. Wilson Trust, Michael David Wilson Trust, Steven Allen Wilson Trust, and David Wilson, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 12, 1997.

Certiorari Denied December 15, 1997.

Attorney(s) appearing for the Case

Rothgerber, Appel, Powers & Johnson, Ann S. Vessels, Bruce N. Warren, Colorado Springs, for Plaintiff-Appellant and Cross-Appellee.

Fairfield and Woods, P.C., Peter F. Brietenstein, Neil T. Duggan, David L. Joeris, Denver, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge CASEBOLT.

This is an action concerning dissenting shareholders' rights in a corporate stock reorganization and merger. Plaintiff, WCM Industries, Inc., appeals the trial court's determination of the number of outstanding shares of WCM at the time of merger, the court's refusal to apply a marketability discount in determining the fair value of the defendants' shares, the court's determination of the fair value of WCM's shares, and its denial of WCM...

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