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  5. 705 F.Supp.2d 281 (2010)
 

WESTERN INV. v. DWS GLOBAL COMMODITIES STOCK FUND

No. 10 Civ. 1399 (MGC).

705 F.Supp.2d 281 (2010)

WESTERN INVESTMENT LLC, Plaintiff, v. DWS GLOBAL COMMODITIES STOCK FUND, INC., Defendant.

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

April 5, 2010.

Attorney(s) appearing for the Case

Appearances Lowey Dannenberg Cohen & Hart, P.C., by Richard W. Cohen, Esq., Vincent Briganti, Esq., Todd S. Garber, Esq., White Plains, NY, for Plaintiff.

Ropes & Gray LLP, by John D. Donovan, Jr., Esq., Boston, MA, for Defendant.

Ropes & Gray LLP, by Martin J. Crisp, Esq., New York, NY, for Defendant.

OPINION

CEDARBAUM, District Judge.

Western Investment LLC ("Western Investment") sues DWS Global Commodities Stock Fund, Inc. (the "Fund") for violations of the Investment Company Act of 1940 (the "ICA"), the Maryland Control Share Acquisition Act, and the Fund's Articles of Incorporation. Western Investment seeks a preliminary injunction prohibiting the Fund from implementing the change in investment strategy disclosed by the Fund in press releases...

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