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WORLD EGG BANK, INC. v. NESCO INVESTMENTS

No. 1 CA-CV 20-0027.

492 P.3d 320 (2021)

The WORLD EGG BANK, INC., Plaintiff/Appellee/Cross-Appellant, v. NESCO INVESTMENTS, LLC, Defendant/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 1.

Filed May 18, 2021.

Attorney(s) appearing for the Case

Anderson Banta Clarkson, PLLC, Mesa By Adam C. Anderson .

Gillette Blackhurst, PLC, Mesa By Dennis Kent Blackhurst Co-Counsel for Plaintiff/Appellee/Cross-Appellant.

Ahwatukee Legal Office, PC, Phoenix By David L. Abney Counsel for Defendant/Appellant/Cross-Appellee.

Chief Judge Peter B. Swann delivered the opinion of the court, in which Acting Presiding Judge Lawrence F. Winthrop and Judge Maurice Portley joined.

OPINION

¶1 Under A.R.S. §§ 10-1302(A)(3) and -1301(4), a shareholder may dissent from the sale of the corporation and receive payment for the "fair value" of the shareholder's shares "in the event of ... [c]onsummation of [the] sale," with "fair value" determined as of the date "immediately before the...

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