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Supreme Court of Illinois


Roth v. Opiela, 96862

In an action regarding a mandatory buy-sell provision that required a deceased stockholder of a closely held corporation to sell his shares back to the corporation, declaratory judgement is denied where allowing property to pass intestate could not be considered an act of giving, such as is required to create an exception to the mandatory buy-sell provision.

Appellate Information

  • Decided 06/17/2004
  • Published 06/17/2004

Judges

  • Chief Justice McMORROW delivered the opinion of the court:

Court

  • Supreme Court of Illinois

Counsel

  • For Appellant:
  • Michael D. Ryan, of Ryan, Bennett, Radloff & O'Brien, Mattoon, for appellants Gerald J. Opiela and Frank J. Weber., John P. Ewart, of Craig & Craig, Mattoon, for appellant Great Southwest Oil & Gas Corporation.

  • For Appellees:
  • Robert L. Douglas, Robinson, for appellees.
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