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CAIN v. MERCK & CO., INC.

Docket No. A-2138-08T2

1 A.3d 834 (2010)

415 N.J. Super. 319

Mary E. CAIN and James D. Cain, Plaintiffs-Respondents, v. MERCK & CO., INC. f/k/a Schering-Plough Corporation, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 17, 2010.

Attorney(s) appearing for the Case

Douglas S. Eakeley argued the cause for appellant (Lowenstein Sandler, attorneys; Mr. Eakeley, of counsel and on the brief; Gavin J. Rooney and Monica Perrette, Roseland, on the brief).

Judy Scolnick argued the cause for respondents (Scott & Scott, L.L.P. and Beckwith & Wolf, L.L.P., attorneys; Carl Beckwith, Englewood, of counsel and on the brief; Ms. Scolnick, on the brief).

Before Judges RODRÍGUEZ, REISNER and CHAMBERS.

The opinion of the court was delivered by

CHAMBERS, J.A.D.

In this appeal, we address whether the New Jersey Business Corporation Act, N.J.S.A. 14A:1-1 to 14A:16-4, entitles shareholders to inspect the minutes of the board of directors and the minutes of executive committees, and if so, the breadth of that right of inspection. Resolution of these questions centers on the proper construction of N.J.S.A. 14A:5-28(4) of the Act. In pertinent part...

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