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G.I. JOE'S, INC. v. NIZAM

CCV 99-03-185; A112653.

50 P.3d 1282 (2002)

183 Or. App. 116

G.I. JOE'S, INC., an Oregon corporation, Respondent, v. Jamil NIZAM, Appellant.

Court of Appeals of Oregon.

Decided July 31, 2002.

Attorney(s) appearing for the Case

Mark A. Turner, Portland, argued the cause for appellant. With him on the briefs was Ater Wynne LLP.

David J. Sweeney, Portland, argued the cause for respondent. With him on the brief were Paul G. Dodds and Brownstein, Rask, Sweeney, Kerr, Grim, DeSylvia & Hay, LLP.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Plaintiff G.I. Joe's, Inc. brought this judicial appraisal action to determine the fair value of defendant's stock after defendant exercised his right to dissent from a proposed merger. See ORS 60.551 to ORS 60.594. The central factual dispute at trial was the existence of certain stock options in favor of Norm Daniels, the president of G.I. Joe's. Plaintiff presented testimony from Daniels and others that, although certain merger documents omitted...

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