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COX ENTERPRISES, INC. v. NEWS-JOURNAL CORP.

No. 06-16190.

510 F.3d 1350 (2007)

COX ENTERPRISES, INC., a Delaware corporation, Plaintiff-Appellee Cross-Appellant, v. NEWS-JOURNAL CORPORATION, a Florida corporation, Defendant-Appellant Cross-Appellee, Herbert M. Davidson, Jr., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

December 21, 2007.

Attorney(s) appearing for the Case

Bruce A. Hanna, Robert T. Bowling, Cobb & Cole, Daytona Beach, FL, Joseph W. Hatchett, Akerman, Senterfitt & Eidson, P.A., Tallahassee, FL, for News-Journal Corp.

Lesli N. Gaither, Peter Canfield, Dow Lohnes, PLLC, Atlanta, GA, Courtney K. Grimm, John A. DeVault, III, Bedell, Dittmar, DeVault & Pillans, P.A., Jacksonville, FL, for Cox Enterprises, Inc.

Michelle Milberg, Thomas R. Julin, Talbot D'Alemberte, Hunton & Williams, Miami, FL, for Amicus Curiae.

Before BIRCH and BARKETT, Circuit Judges, and KORMAN, District Judge.

BIRCH, Circuit Judge:

Defendant-appellant News-Journal Corporation ("NJC") appeals the determination made by the district court of the "fair value" of stock held by plaintiff-appellee, Cox Enterprises, Inc. ("Cox"), pursuant to Fla. Stat. § 607.1436 (2003). Cox cross-appeals, arguing that, although the valuation method was proper, the district court ought also to have included compensation for past misconduct in its "fair value" calculation. Cox also challenges...

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