Opinion
CC A8907-04022; CA A65113; SC S38792
On petition for reconsideration filed December 10, 1992. Petition for reconsideration denied January 28, 1993.
Appeal from Multnomah County Circuit Court, Lee Johnson, Judge. 108 Or. App. 523, 816 P.2d 677 (1992), modified on reconsideration, 110 Or. App. 14, 821 P.2d 418 (1991); aff'd, 314 Or. 576, 841 P.2d 1183 (1992).
In Banc
Robert J. McGaughey, of McGaughey Georgeoff, Portland, filed the petition for petitioners on reconsideration.
No appearance contra.
Petition for reconsideration denied.
UNIS, J., dissented and filed an opinion in which Fadeley, J., joined.
I would allow the petition for reconsideration. I wish to call attention to Note, Exclusivity of Appraisal — The Possibility of Extinguishing Shareholder Claims, 42 Case W Res L Rev 955 (1992), which was not published when my separate opinion in Stringer v. Car Data Systems, Inc., 314 Or. 576, 591, 841 P.2d 1183 (1992) (Unis, J., concurring in part, dissenting in part, with Fadeley, J., joining), was issued.
Fadeley, J., joins in this dissent.