Allenson v. Midway Airlines Corp.

BVLaw
Full Text of Court Cases
July 6, 2001
4512 Air Transportation, Scheduled
481111 Scheduled Passenger Air Transportation
dissenting shareholder
fair value, going concern, cash-out merger

Allenson v. Midway Airlines Corp.
789 A.2d 572, 2001 Del. Ch. LEXIS 89
US
State Court
Delaware
Court of Chancery
Prof. Donald Puglisi (for Allenson)<br>Gilbert Matthews, CFA (for Midway)
Jacobs

Summary

At issue is whether the concessions are an "element of value" that may be considered in determining the corporation's statutory fair value on the date of the merger.

See Also

Concessions Under Merger Agreement Not Elements of Fair Value

The sole issue in this dissenting shareholder suit under the Delaware appraisal statute was whether certain concessions made under a cash-out merger agreement were "elements of value" to be considered in determining the corporation's statutory fair value.