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CALAIS CO., INC. v. IVY

No. S-13884.

303 P.3d 410 (2013)

CALAIS COMPANY, INC., Appellant, v. Deborah Kyzer IVY, individually and as a Derivative Plaintiff on behalf of the interests of Calais Company, Inc. and its Shareholders, Appellee.

Supreme Court of Alaska.

May 31, 2013.

Attorney(s) appearing for the Case

Jeffrey M. Feldman and Susan Orlansky , Feldman Orlansky & Sanders, Anchorage, for Appellant.

Phillip Paul Weidner , Weidner & Associates, Anchorage, and Charles E. Cole , Law Offices of Charles E. Cole, Fairbanks, for Appellee.

Before: FABE, WINFREE, and STOWERS, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

In 2007, Deborah Kyzer Ivy, a shareholder of Calais Company, Inc. (Calais), filed a complaint against Calais seeking involuntary corporate dissolution. In May 2009, Ivy and Calais reached a settlement agreement (Agreement) in which Calais agreed to purchase Ivy's shares at "fair value" as determined by a three-member panel of appraisers. The appraisers disagreed over the fair value of Calais. Two...

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