Legal Opinion
MATTER OF CAWLEY v. SCM Corp.
New York Court of Appeals
Decided October 27, 1988PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The issues presented in this stock appraisal proceeding under Business Corporation Law § 623 (h) (4) are: (1) whether, in assessing the fair value of SCM Corporation stock, the courts below abused their discretion by disregarding the tax deduction that SCM became entitled to upon the consummation of its merger with HSCM Merger Company, Inc. and, if so, (2) whether the value of this postmerger factor should have been distributed equally among all of SCM’s stockholders or solely to those stockholders whose shares were responsible for this tax advantage. We hold…
2Cases cited9 opinions
- Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Tri-Continental Corporation v. BattyeSupreme Court of Delaware · 1950
- Alpert v. 28 Williams Street Corp.New York Court of Appeals · 1984
- Fe Bland v. Two Trees Management Co.New York Court of Appeals · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Friedman v. Beway Realty Corp.New York Court of Appeals · 1995
- In Re the Dissolution of Penepent Corp.New York Court of Appeals · 2001
- Matthew G. Norton Co. v. SmythCourt of Appeals of Washington · 2002
- Matthew G. Norton Co. v. SmythCourt of Appeals of Washington · 2002
- Reyes v. SequeiraAppellate Division of the Supreme Court of the State of New York · 2009
7 more not listed; retrieve them via the Exa API.