CAP. REAL. INV. LTD. PART. FUND v. DOMINIUM FUND LLP

No. 96 Civ. 7534 (LAK).

944 F.Supp. 250 (1996)

CAPITAL REALTY INVESTORS TAX EXEMPT FUND LIMITED PARTNERSHIP, et al., Plaintiffs, v. DOMINIUM TAX EXEMPT FUND L.L.P., et al., Defendants.

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

October 15, 1996.


Attorney(s) appearing for the Case

David N. Wynn, Robert B. Hirsch, Hunter T. Carter, and Evan S. Stolove, 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.

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

Daniel J. Kramer, Schulte, Roth & Zabel, New York City, for Plaintiff Capital Apartment Properties, Inc.

Paul M. Dodyk, Cravath, Swaine & Moore, New York City, for Defendants.


MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiffs Capital Realty Investors Tax Exempt Limited Partnership and Capital Realty Investors Tax Exempt Fund III Limited Partnership (the "Funds") are publicly traded real estate limited partnerships. They are parties to merger agreements with affiliates of plaintiff Capital Apartment Properties, Inc. ("CAPREIT") and they have been soliciting proxies since September 23, 1996 for approval of the mergers at security...

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