Mark H. Berens v. Eugene A. Ludwig, Comptroller of the Currency, and Marquette Bank, N.A., as Successor in Interest to Marquette Bank Shakopee, N.A.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Chief Judge.
Mark Berens was a minority shareholder in Marquette Bank Shakopee, a national bank. The bank’s majority shareholder (a bank holding company) decided to consolidate the bank with several other banks that the company owned to form Marquette Bank. The terms of the consolidation required minority shareholders to surrender their shares in exchange for a cash payment based on the company’s valuation of the shares. The company fixed that value at $12,071 per share (Berens owned 33 shares). Berens thought this too little and invoked his right under 12 U.S.C. § 215(d) to have the…
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