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KAPLAN v. BOOTH CREEK SKI GROUP

No. 98-560.

147 N.H. 202 (2001)

ANDREW S. KAPLAN & a. v. BOOTH CREEK SKI GROUP, INC. & a.

Supreme Court of New Hampshire.

November 20, 2001.

Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (Bradford W. Kuster on the brief), and L'Abbate, Balkan, Colavita & Contini, L.L.P., of Garden City, New York (Noah Nunberg orally), for the plaintiffs.

Sheehan, Phinney, Bass + Green, P.A., of Manchester (Michael C. Harvell & a. on the brief, and Mr. Harvell orally), for the defendants.

DUGGAN, J.

The plaintiffs, Andrew S. Kaplan and James F. Miles, shareholders of Loon Mountain Recreation Corporation, Inc., (Loon), sought to prevent the acquisition of Loon by the defendants, Booth Creek Ski Group (Booth Creek) and its subsidiary, LMRC Acquisition Corporation, until the defendants complied with the requirements of RSA chapter 421-A (1987), the Security Takeover Disclosure Act (Takeover Act). The plaintiffs appeal from an order of the Superior Court...

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