Michael C. Harvell
Phone: 603.627.8133
Fax: 603.641.2337
mharvell@sheehan.com
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Michael J. Drooff
Phone: 603.627.8167
Fax: 603.641.2325
mdrooff@sheehan.com
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SPhB+G Attorneys Successful |
| (January 1, 2002. Manchester, NH. ) - On November 20, 2001, the New Hampshire Supreme Court decided in favor of SPhB+G client, Booth Creek Ski Group, holding that the New Hampshire Security Takeover Disclosure Act, RSA 421-A, did not apply to its February 1998 merger with Loon Mountain Recreation Corporation. Dissident shareholders of Loon contended that the Act applied to the transaction and that Booth Creek had failed to comply with its provisions. SPhB+G lawyers Michael Harvell and Michael Drooff argued successfully that the Act applies only to corporate takeover transactions, not statutory mergers. The New Hampshire Supreme Court affirmed the decision of the Grafton County Superior Court to dismiss the plaintiffs' claims on the basis that the Act, as a matter of law, did not apply to the Booth Creek/Loon merger. The Supreme Court's decision is available at www.state.nh.us/courts/supreme/opinions/0111/kapla188.htm. |
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