No Independent Committee Spawns 'Unfair Dealing' Claim—Court Disallows Guideline Public Company Price Evidence

Business Valuation Update BVLaw
Legal and Court Case Update
March 9, 1999
6021 National Commercial Banks
522110 Commercial Banking
breach of fiduciary duty
fair value, fair market value (FMV)

Nebel v. Southwest Bancorp
1999 Del. Ch. LEXIS 30
State Court
Court of Chancery
David Clarke (for Nebel)<br>Robert F. Reilly (for Southwest)


M.G. Bancorporation (MGB) was merged into its 91.68% stockholder parent Southwest Bancorp Inc. (SWB) in a short-form cash-out merger on Nov. 17, 1993.

See Also

Nebel v. Southwest Bancorp

At issue are the plaintiff's complaints about substantive unfairness, disclosure violations, and a "wrong page" claim, based on the improper inclusion in the merger notice of a page of another state's appraisal statute.