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CRITEF v. SCHWARTZBERG

No. 96 Civ. 1186 (LAK).

917 F.Supp. 1050 (1996)

CAPITAL REAL ESTATE INVESTORS TAX EXEMPT FUND LIMITED PARTNERSHIP, et al., Plaintiffs, v. Martin C. SCHWARTZBERG, Defendant.

United States District Court, S.D. New York.

March 18, 1996.

Attorney(s) appearing for the Case

Robert B. Hirsch, Howard V. Sinclair, Hunter T. Carter, Washington, DC, Nancy S. Appel, New York City, Arent Fox Kintner Plotkin & Kahn, Washington, DC, for Plaintiffs Capital Realty Investors Tax Exempt Fund, Limited Partnership and Capital Realty Investors Tax Exempt Fund III Limited Partnership.

Deborah L. Thaxter, Kevin J. Handly, Sigmund J. Roos, Elizabeth M. Rice, Peabody & Brown, Boston, MA, for Plaintiffs CRITEF Associates Limited Partnership, CRITEF III Associates Limited Partnership, and C.R.I., Inc.

Marc Cherno, Audrey M. Samers, Yasho Lahiri, Fried, Frank, Harris, Shriver & Jacobson, New York City, for Defendant.

OPINION

KAPLAN, District Judge.

Plaintiffs Capital Realty Investors Tax Exempt Fund Limited Partnership ("CRITEF") and Capital Realty Investors Tax Exempt Fund III Limited Partnership ("CRITEF III") (collectively, the "Funds") are publicly traded real estate limited partnerships managed by entities controlled by William Dockser and H. William Willoughby. The Funds are the subjects of proposed mergers with affiliates of Apollo Real Estate Acquisition Corporation...

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