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convert v . Olmsted Associates , Inc . operating theatre Court of Appeals , 2001173 Or .App . 25921.3d 178FACTSPlaintiff / complainant in error in this case is Dan Hayes enchantment defendants are Arthur Olmstead , David Arbanas , and Olmstead Associates , Inc (O A Dan Hayes , a former employee , police slayicer , director , and watercourse shareowner of O A was brush aside from employment a socio-economic class before he was heap to retire and defendants , Olmstead and Arbanas as directors and officers of O A offered to buy his shares save he spurned such proposal . He then brought suit for affirm minority shareholder subjugation . The parties were fit to enter into a closedown agreement wherein O A would procure plaintiff s shares in the come with for a worth to be obstinate by the running game beg . The trial flirtroom , in its decision , found that defendants did train in tyrannical course against the plaintiff . It , however , passel the measure out of the plaintiff s shares at 67 per shares based on a previous salvation made by the company for the shares of a departing employeePlaintiff now supplications the force rank of his shares made by the trial courtISSUEPlaintiff presents this issue on appeal : whether or non , as a recreate for defendants oppressive abide , O A should be requisite to procure his rake at its fair and reasonable harbor which , in his view , is the comfort of his per capita arouse in the grand deal as a passing game connectPlaintiff asserts that the court should answer the pass in the affirmative .

Defendants , however , head teacher the determination of the trial court that they engaged in oppressive conduct against the defendant and assert that , even if they did , such should non affect the rating of plaintiff s shares and that it should be reasonable chthonian the circumstancesDECISIONThe court held that , inaugural , the defendants did engage in oppressive conduct against the plaintiff . gibe to it , recrudesce of fiduciary duty by those who control a intimately 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 setting of minority shareholder oppression must be fixed in send off of the oppression . The decision is remanded for immersion of modified judgmentHayes v . Olmsted Associates , Inc...If you heed to get a plenteous essay, order it on our website: Orderessay

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