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BINGHAM CONSOL. CO. v. GROESBECK

No. 20040141-CA.

105 P.3d 365 (2004)

2004 UT App 434

BINGHAM CONSOLIDATION COMPANY, a Delaware corporation, Plaintiff and Appellant, v. Robert GROESBECK, an individual; Marilyn Groesbeck Glade, an individual; and Robert Groesbeck and R. Clay Groesbeck, as Trustees of the Robert R. Groesbeck Living Trust, a Utah trust, Defendants and Appellees.

Court of Appeals of Utah.

Rehearing Denied January 6, 2005.

Attorney(s) appearing for the Case

John B. Wilson, Parsons Behle & Latimer, Salt Lake City, for Appellant.

Robert S. Clark and Daniel E. Barnett, Parr Waddoups Brown Gee & Loveless, Salt Lake City, for Appellees.

Before Judges DAVIS, JACKSON, and THORNE, Jr.

OPINION

JACKSON, Judge:

¶ 1 Bingham Consolidation Company (BCC) appeals the judicial appraisal of New Bingham Mary Mining Company (NBMM) in a dissenters' action brought by minority shareholders of NBMM pursuant to Utah Code sections 16-10a-1325 and 1330. We affirm.

BACKGROUND

I. Factual Background

A. Introduction

¶ 2 NBMM was incorporated in 1929 with Roy Groesbeck...

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