PAUL & SUZIE SCHUTT FAM. TRUST v. NAC HOLDING

No. A06A2323.

642 S.E.2d 872 (2007)

PAUL AND SUZIE SCHUTT IRREVOCABLE FAMILY TRUST et al. v. NAC HOLDING, INC.

Court of Appeals of Georgia.

March 1, 2007.


Attorney(s) appearing for the Case

Anderson Dailey, Michael A. Dailey, Atlanta, for appellants.

Parker, Hudson, Rainer & Dobbs, J. Marbury Rainer, King & Spalding, Daniel J. King, Powell, Goldstein, Frazer & Murphy, John M. Gross, John R. Bielema, Jr., Atlanta, for appellee.


MIKELL, Judge.

This appeal is taken from the grant of a motion to dismiss the amended complaint of the Schutt Family Trust and other minority shareholders of NAC Holding, Inc., a Delaware corporation. The Schutts originally sought equitable relief in Gwinnett County Superior Court to block the merger of NAC with its parent company, but the trial court refused to enjoin the sale, ruling that the Schutts' only remedy was an appraisal action in Delaware. Rather than...

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