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SPENLINHAUER v. SPENCER PRESS, INC.

No. 10-P-2105.

81 Mass. App. Ct. 56 (2011)

ROBERT J. SPENLINHAUER, executor, v. SPENCER PRESS, INC., & others.

Appeals Court of Massachusetts, Suffolk.

December 28, 2011.

Attorney(s) appearing for the Case

Philip M. Cronin for the plaintiff.

Stephen W. Rider for the defendants.

Present: RAPOZA, C.J., COHEN, & AGNES, JJ.

AGNES, J.

Under the Massachusetts Business Corporation Act (Act),3 G. L. c. 156D, as appearing in St. 2003, c. 127, shareholders have the right to dissent from a proposed merger and demand that the corporation pay "fair value" for their shares if the merger is accomplished. G. L. c. 156D, § 13.02(a). The principal issue presented by this appeal is whether the trial judge correctly applied the appraisal provision of the Act...

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