Opinion
NO. 29496
Decided April 28, 1943.
Supreme Court — Dismissal — No debatable constitutional question involved — Corporations — Sale of entire assets — Right of dissenting shareholders to fair cash value of shares — Section 8623-72, General Code — Prior to rights of other preferred shareholders, when — Judgment allowing fair cash value res judicata, when — Impairment of contract — Due process — Section 28, Article II, Constitution — Section 10, Article I and Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Clark county.
Messrs. Keifer Keifer, for appellee.
Messrs. Dinsmore, Shohl, Sawyer Dinsmore, Messrs. Cory, Durfey Martin, Mr. Chase Stewart and Mr. George S. Raup, for appellants.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, BELL and TURNER, JJ., concur.
WILLIAMS, J., not participating.