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HARLAMERT v. WORLD FINER FOODS, INC.

No. 06-3584.

489 F.3d 767 (2007)

Steven HARLAMERT, Individually and as Administrator of the Estate of John Harlamert, Plaintiff-Appellee, v. WORLD FINER FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 25, 2007.

Attorney(s) appearing for the Case

ARGUED: Frank Holahan, McElroy, Deutsch, Mulvaney & Carpenter, Ridgewood, New Jersey, for Appellant. Rachael L. Rodman, Chernesky, Heyman & Kress, Dayton, Ohio, for Appellee. ON BRIEF: Frank Holahan, McElroy, Deutsch, Mulvaney & Carpenter, Ridgewood, New Jersey, Brian D. Wright, Faruki, Ireland & Cox, Dayton, Ohio, for Appellant. Rachael L. Rodman, Thomas P. Whelley II, Chernesky, Heyman & Kress, Dayton, Ohio, for Appellee.

Before: MARTIN and CLAY, Circuit Judges; POLSTER, District Judge.

OPINION

POLSTER, District Judge.

Steven Harlamert, Administrator of the Estate of his deceased father John Harlamert (the "Estate"), initiated this declaratory judgment action against World Finer Foods, Inc. ("WFF"), a closely held corporation. The Estate contends that it is permitted to freely transfer the ten shares of WFF stock owned by John Harlamert prior to his demise. WFF contends that the shares are subject to a shareholder agreement that restricts...

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