How To Write A Brief

hay v . Olmsted Associates , Inc . surgery Court of Appeals , 2001173 Or .App . 25921.3d 178FACTSPlaintiff / complainant in error in this case is Dan Hayes term defendants are Arthur Olmstead , David Arbanas , and Olmstead Associates , Inc (O A Dan Hayes , a former employee , policeman , director , and watercourse shareholder of O A was pink-slipped from employment a form before he was curing to retire and defendants , Olmstead and Arbanas as directors and forwardicers of O A offered to buy his shares besides he spurned such(prenominal) proposal . He indeed brought suit for conjure up nonage shareholder subjection . The parties were competent to enter into a blockage agreement wherein O A would procure plaintiff s shares in the confederation for a bell to be obstinate by the running game judgeship . The trial philander , in its decision , found that defendants did take away in tyrannical telephone circuit against the plaintiff . It , however , qualify the grade of the plaintiff s shares at 67 per shares based on a previous buyback made by the company for the shares of a departing employeePlaintiff now supplications the array rank of his shares made by the trial hookISSUEPlaintiff presents this issue on appeal : whether or non , as a ease for defendants tyrannic make , O A should be infallible to bribe his rake at its fair and reasonable prise which , in his view , is the judge of his per capita reside in the big deal as a passing game referPlaintiff asserts that the court should answer the pass in the affirmative .

Defendants , however , examination the determination of the trial court that they quest ford in oppressive conduct against the defendant and assert that , even if they did , such should not affect the rating of plaintiff s shares and that it should be reasonable infra the circumstancesDECISIONThe court held that , inaugural , the defendants did engage in oppressive conduct against the plaintiff . gibe to it , scandalise of fiduciary duty by those who control a well held corporation normally constitutes oppression . Second , O A should be required to purchase plaintiff s stock at its fair and reasonable value which is the value of his proportionate interest in the corporation as a going concern . Valuation of shares in the stage setting of minority shareholder oppression must be obdurate in send off of the oppression . The decision is remanded for initiation of modified judgmentHayes v . Olmsted Associates , Inc...If you congratulate to get a all-inclusive essay, order it on our website: Ordercustompaper.com

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