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NEUBERGER BERMAN REAL ESTATE INCOME FUND v. LOLA BROWN TRUST

No. CIV. AMD 04-3056.

342 F.Supp.2d 371 (2004)

NEUBERGER BERMAN REAL ESTATE INCOME FUND, INC., Plaintiff v. LOLA BROWN TRUST NO. 1B, Ernest Horejsi Trust No. 1B, Badlands Trust Company, Susan L. Ciciora, Larry L. Dunlap, and Stewart R. Horejsi, Defendants

United States District Court, D. Maryland.

October 28, 2004.

Attorney(s) appearing for the Case

David Clarke, Jr., Piper Rudnick LLP, Reston, VA, Daniel M. Perry, Michael L. Hirschfeld, Stacey J. Rappaport, Milbank, Tweed, Hadley and McCloy LLP, New York, NY, John R. Wellschlager, Piper Rudnick LLP, Baltimore, MD, for Plaintiff.

Donald B. Mitchell, Jr., Arent, Fox, Kintner, Plotkin and Kahn PLLC, James H. Hulme, Kate Bowen Briscoe, Arent Fox PLLC, Washington, DC, for Defendants.

AMENDED MEMORANDUM OPINION

DAVIS, District Judge.

This securities case involves a partial tender offer by two trusts intended to effect the acquisition of just over 50% of the outstanding shares of an investment company, and the investment company's defensive actions taken in response, including its board's resolution opting in to the Maryland Control Share Acquisition Act ("MCSAA") and the board's adoption of a "poison pill." Defendants/counter-claimants...

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