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KLAPPER v. COMMONWEALTH REALTY TRUST

Civ. A. No. 85-686CMW.

657 F.Supp. 948 (1987)

Mildred and Israel T. KLAPPER, Plaintiffs, v. COMMONWEALTH REALTY TRUST, an unincorporated real estate investment trust organized under the laws of the Commonwealth of Pennsylvania; Country & New Town Properties, Inc., a Delaware corporation; C.N.T. Properties (U.S.), Inc., a Delaware corporation; Geoffrey A. Adkin, David Newton, Gerald M. Newton, Edward B. Stokes and William Zucker, Defendants.

United States District Court, D. Delaware.

Stay Granted and Appeal Certified June 22, 1987.

Attorney(s) appearing for the Case

Irving Morris, Kevin Gross, and Carolyn D. Mack, of Morris and Rosenthal, Wilmington, Del., Martin H. Philip, of counsel, Palmerton, Pa., for plaintiffs.

William Prickett, John H. Small, and Wayne Carey, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., Andrew J. Levander, and Adam B. Rowland, of Shereff, Friedman, Hoffman & Goodman, of counsel, New York City, for defendants.

OPINION

CALEB M. WRIGHT, Senior District Judge.

The plaintiffs, minority shareholders in a Real Estate Investment Trust, filed this action against the controlling stockholders of the Trust, alleging, inter alia, violations of the Racketeering Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961, et seq. The plaintiffs' amended complaint charged that defendants, the controlling...

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