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KLAPPER v. COMMONWEALTH REALTY TRUST

Civ. A. No. 85-686 CMW.

662 F.Supp. 235 (1987)

Mildred and Israel T. KLAPPER, Plaintiffs, v. COMMONWEALTH REALTY TRUST, and 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.

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, Palmerton, Pa., of counsel; 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, New York City, of counsel; for defendants.

OPINION

CALEB M. WRIGHT, Senior District Judge.

Defendants filed a motion to amend this Court's Order of March 31, 1987 to certify an issue for appeal pursuant to 28 U.S.C. § 1292(b) and to stay proceedings. The Court will certify the appeal and will stay the proceedings until such time as the Third Circuit Court of Appeals decides whether to take this appeal.

The question to be certified is the following:

Do plaintiff shareholders...

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