In Mitchell Partners,L.P.v.Irex Corp. ,the case in the text,the court ultimately remanded the case to determine:
A)whether there was fraud or fundamental unfairness.
B)whether Pennsylvania's appraisal statute excluded separate postmerger suits.
C)whether the appraisal statute excluded the claim that the Special Committee members aided and abetted the breach.
D)whether the majority shareholders breached their fiduciary duty.

Question

Quizplus · Accepted Answer

The court held that Pennsylvania's appraisal statute did not exclude separate,postmerger suits for damages alleging that majority shareholders breached their fiduciary duties to minority shareholders in the process of consummating a freeze out merger.Additionally,the court held that the appraisal statute did not exclude the related claim that the Special Committee members aided and abetted the breach.The case was ultimately remanded to determine if there was fraud or fundamental unfairness.