KATZ v. GERARDI

No. 08-8031.

552 F.3d 558 (2009)

Jack P. KATZ, individually and on behalf of a class, Plaintiff-Respondent, v. Ernest A. GERARDI, Jr., et al., Defendants-Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 2009.


Attorney(s) appearing for the Case

Jeffrey S. Davis (submitted), Sonnenschein, Nath & Rosenthal, Chicago, IL, for Plaintiff-Respondent

Christopher J. Stuart, Wexler Toriseva Wallace, Chicago, IL, for Defendants-Petitioners.

Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.


EASTERBROOK, Chief Judge.

Jack Katz proposes to represent a class of persons who contributed real property (or interests in real property) to the Archstone real estate investment trust, in exchange for interests called "A-1 Units." In 2007 Archstone merged into Tishman-Lehman Partnership. Holders of A-1 Units were offered a choice of cash or Series O Preferred Units in the entity formed by the merger. Katz contends that the merger violated the terms of the A-1 Units...

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