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MONTGOMERY CELLULAR HOLDING CO. v. DOBLER

No. 496,2004.

880 A.2d 206 (2005)

MONTGOMERY CELLULAR HOLDING CO., INC., Palmer Wireless Holdings, Inc., and Price Communications Wireless, Inc., Respondents-Below, Appellants/Cross-Appellees, v. Gerhard Frank DOBLER, Chap Cell, Inc., Grace M. Kittrell, GTRW Partnership, Gary McKee, James E. Bryant, Lloyd E. Dawson, Gauld & Enschen Partnership, John Brown, Harold Swart and Essex County Cellular G.P., Petitioners Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: August 1, 2005.

Attorney(s) appearing for the Case

Kenneth J. Nachbar (argued) and Samuel T. Hirzel, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Appellants/Cross-Appellees.

Martin S. Lessner (argued) and Dawn M. Jones, of Young Conaway Stargatt & Taylor, L.L.P., Wilmington, DE; Laura C. Mow and Thomas J. Dougherty, of Kilpatrick Stockton, L.L.P., Washington, DC, of counsel, for Appellees/Cross-Appellants.

Before HOLLAND, BERGER and JACOBS, Justices.

JACOBS, Justice:

The appellants and respondents-below, Montgomery Cellular Holding Company ("MCHC"),1 appeal from a judgment of the Court of Chancery in an appraisal proceeding brought under 8 Del. C. § 262. The appellees, who were the petitioners-below, are former minority stockholders of MCHC who were "cashed out" of MCHC at a price of $8,102.23 per share in a short form merger between...

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