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trial of the marital dissolution action took place October 11-13,
1988. A judgment of dissolution (the judgment) was entered on
June 9, 1989. The judgment ordered the division of certain
community property and other jointly owned property, but did not
include the Ameritech stock. The judgment provided, inter alia,
that in order to equalize the division of community liabilities
and property set forth in the judgment, petitioner Praegitzer was
to pay petitioner Dawes the sum of $30,683 either in the form of
a 3-year promissory note in the amount of $36,097.65 or by
transferring 403 shares of Ameritech stock to petitioner Dawes at
a stipulated value of $76 per share. The judgment made no other
mention of the Ameritech stock. The judgment did not purport to
resolve any other community property issues with regard to stock
held in Ameritech.
Also on June 9, 1989, a judgment was entered on petitioner
Dawes' first amended cross-complaint, ordering that petitioner
Praegitzer and petitioner Dawes were each owners of 2,500 shares
of the 5,000 shares of Ameritech stock issued in the name of
petitioner Praegitzer and further ordering petitioner Praegitzer
to transfer 2,500 of his shares to petitioner Dawes. Petitioner
Praegitzer appealed this judgment.
An Ameritech shareholders' meeting was held on October 3,
1989. Kerry Dawes, petitioner Praegitzer, and petitioner Dawes
were present at the meeting. Also present at the meeting were
Lee Lopez, counsel for petitioner Dawes, Steven Small, counsel
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