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CAPITAL REAL ESTATE v. SCHWARTZBERG

No. 96 Civ. 1186 (LAK).

929 F.Supp. 105 (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.

April 23, 1996.

Attorney(s) appearing for the Case

David N. Wynn, Robert B. Hirsch, Howard V. Sinclair, Hunter T. Carter, and Nancy S. Appel, Arent Fox Kintner Plotkin & Kahn, New York City, 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, and 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, and Yasho Lahiri, Fried, Frank, Harris, Shriver & Jacobson, New York City, for Defendant.

KAPLAN, District Judge.

Plaintiffs Capital Realty Investors Tax Exempt Limited Partnership ("CRITEF") and Capital Realty Investors Tax Exempt Fund III Limited Partnership ("CRITEF III") (collectively the "Funds") are the subjects of proposed mergers with affiliates of Apollo Real Estate Acquisition Corporation ("Apollo"). The Funds and their principals are locked in a battle with defendant Martin C. Schwartzberg, one aspect of which is Schwartzberg's effort to block...

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