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shajandr

11/05/23 8:49 PM

#216624 RE: OMOLIVES #216623

[close]" The only matter is if Berk' was able to change to "push down" via contract."[/quote]

Nope. If the K is silent or ambiguous on pushdown accounting and/or if there was nott a "meeting of the minds" on the issue, the second claim of breach of fiduciary duty (technically nott a K-based claim) survives.

AND, even if the K explicitly and/or implicitly ALLOWS BRK to use pushdown acctng, the fiduciary duty issue still remains as to the management and directors' CHOICE (decision) to do it! - penalizing minority sharehoders





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bar1080

11/05/23 9:19 PM

#216625 RE: OMOLIVES #216623

With Buffett's original purchase of Berkshire Hathaway Corp in 1965 he went to war when thought the controlling seller was trying to screw him out of a trivial amount of money. He doesn't like being nickeled & dimed.

Buffett has also said that 1965 purchase was one of his biggest mistakes, and an immense windfall for the old minority shareholders from the dying textile mill days. The mill assets turned out to be nearly worthless when Buffett sold them off.