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M.P.M. ENTERPRISES, INC. v. GILBERT

No. 266, 1998.

731 A.2d 790 (1999)

M.P.M. ENTERPRISES, INC., Respondent Below, Appellant, v. Jeffrey D. GILBERT, Petitioner Below, Appellee.

Supreme Court of Delaware.

Decided: June 25, 1999.

Attorney(s) appearing for the Case

Jon E. Abramczyk, and Christopher F. Carlton, of Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware; Richard J. McCarthy, pro hac vice (argued) of Edwards & Angell, Boston, Massachusetts, for Appellant.

Allen M. Terrell, Jr., (argued), and Srinivas M. Raju, of Richards, Layton & Finger, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH and HARTNETT, Justices.

VEASEY, Chief Justice.

In this appeal of a statutory appraisal action under 8 Del.C. § 262, we consider whether the Court of Chancery committed legal error or, alternatively, abused its discretion by applying an appraisal analysis that accorded no weight to the terms of the merger giving rise to the appraisal action or to the terms of two prior offers for equity stakes in the subject corporation. We further consider...

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