Bell v. Kirby Lumber Corp.

McNEILLY, Justice:

This is an appeal and cross-appeal from the Vice-Chancellor’s denial of exceptions taken by certain minority stockholders (stockholders) and by the surviving corporation, Kirby Lumber Company (Kirby) to the appraiser’s final report following a short form merger (8 Del.C. § 253). Alfred Fol-weiler, another stockholder, appeals from the rejection by the Vice-Chancellor of his timely letter addressed to Kirby which the Vice-Chancellor ruled was inadequate to constitute a demand for appraisal.

The factual and historical background leading to the merger and cash out of Kirby’s…