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NASH v. DAYTON SUPERIOR CORP.

No. 16429.

728 A.2d 59 (1998)

Merrill L. NASH and Don F. Gaston, Plaintiffs, v. DAYTON SUPERIOR CORPORATION, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: October 28, 1998.

Attorney(s) appearing for the Case

Allen M. Terrell, Jr., Srinivas M. Raju, of Richards, Layton & Finger, Wilmington, Delaware; for Plaintiffs.

William D. Johnston, Matthew G. Zaleski, III, of Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware; Of Counsel: David M. Rickert, of Thompson, Hine & Flory, LLP, Dayton, Ohio; for Defendant.

OPINION

LAMB, Vice Chancellor.

I. INTRODUCTION

This action arises out of the 1997 acquisition of Symons Corporation, a Delaware corporation ("Symons"), by Dayton Superior Corporation, also a Delaware corporation ("Dayton Superior"). Plaintiff Nash was, at the time of the acquisition, the owner of 50% of the outstanding common stock of Symons. Plaintiff Gaston was the owner of 8.32% of Symons common stock and brings suit both on his own behalf and...

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