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DUDDY v. CONSHOHOCKEN PRINTING CO. (07/17/52)

SUPERIOR COURT OF PENNSYLVANIA


July 17, 1952

DUDDY
v.
CONSHOHOCKEN PRINTING CO.

COUNSEL

Harry J. Alker, Jr., Norristown, for appellant.

W. Wilson White, T. R. White, White, Williams & Scott, Philadelphia, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Author: Arnold

[ 171 Pa. Super. Page 141]

ARNOLD, Judge.

Appellant was a minor shareholder in the Record Publishing Company which merged with the Conshohocken Printing Company. He objected to the merger*fn1 and petitioned the Court of Common Pleas of Montgomery County, in equity, for an appraisement of the fair value of his shares under § 908 of the Business Corporation Law, as amended, 15 P.S. § 2852-908. That court appointed appraisers whose report of the fair value was approved by the court, and the plaintiff appealed. The act involved provides: '* * * The award of the appraisers * * * shall be submitted to the court [of common pleas] for determination, and the judgment of the court thereon shall be final and conclusive. * * * The rights and remedies at law or in equity * * * shall be limited to those prescribed under this section, and * * * shall be exclusive. * * *' (Italics supplied.)

The appellate courts have declared the limits of their review under similar provisions of other statutes. In Grime v. Department of Public Instruction of Commonwealth of Pennsylvania, 324 Pa. 371, 375, 188 A. 337, 338, where the statute provided that 'the action of that court [below] shall be final', the Supreme Court held: '* * * where [in a statute] an appeal is expressly denied or it is provided that the action of the

[ 171 Pa. Super. Page 142]

    because of disappointment but only for fraud, -- and this is not alleged in the instant case.

Judgment affirmed.


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