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TELVEST, INC. v. WIS. REAL ESTATE INV. TRUST

Civ. A. No. 80-C-410.

489 F.Supp. 250 (1980)

TELVEST, INC. and Harold Sampson, Plaintiffs, v. WISCONSIN REAL ESTATE INVESTMENT TRUST, George Weinstein, Robert C. Pittelkow, August J. Richter, Joseph A. Deglman, Robert G. Stenger, Clarence Wallner, Thomas W. Korb, Jane Carity, Reit Property Managers, Ltd., Stanley H. Weinstein, Defendants, and Clyde William Engle and Charles F. DiGiovanna, Counterclaim Defendants.

United States District Court, E. D. Wisconsin.

May 23, 1980.

Attorney(s) appearing for the Case

Richard K. Sell, Richard C. Ninneman, Michael T. Hart and James W. Mohr, Jr., Milwaukee, Wis., for plaintiffs and counterclaim defendant Engle; Whyte & Hirschboeck, S.C., Milwaukee, Wis., and Nathan Dardick, Dardick & Jadwin, Chicago, Ill., of counsel.

Robert B. Peregrine and Alan Marcuvitz, Peregrine, Marcuvitz, Cameron & Peltin, S.C., Milwaukee, Wis., Justin W. D'Atri, Baskin & Sears, New York City, for defendants.

Charles F. DiGiovanna, counterclaim defendant, has not as yet been served and, consequently, there is no appearance for him.

DECISION AND ORDER

REYNOLDS, Chief Judge.

Plaintiffs Telvest, Inc., and Harold Sampson have moved the court for a preliminary injunction prohibiting the trustees of the Wisconsin Real Estate Investment Trust ("WREIT") from voting proxies allegedly solicited in violation of § 14(a) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78n(a), and SEC Rule 14a-9(a), 17 C.F.R. § 240.14a-9. Plaintiffs also seek to enjoin WREIT...

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