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SIMON DeBARTOLO GROUP v. RICHARD E. JACOBS GROUP

Docket No. 97-9613

186 F.3d 157 (1999)

SIMON DeBARTOLO GROUP, L.P., Plaintiff-Appellant, Gordon Altman Butowsky Weitzen Shalov & Wein, Appellant, v. The RICHARD E. JACOBS GROUP, INC., and New England Development, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 28, 1999.

Attorney(s) appearing for the Case

Theodore Altman, Lawrence J. Zweifach, Samuel L. Barkin, Gordon Altman Butowsky Weitzen Shalov & Wein, New York, NY, Andrew L. Frey, Melanie L. Oxhorn, Mayer, Brown & Platt, New York, NY, for Appellants.

Rudolph F. Pierce, Leonard H. Freiman, Martin M. Fantozzi, Goulston & Storrs, P.C., Boston, MA, for Defendant-Appellee New England Development, Inc.

David J. Hooker, Daniel R. Warren, Brian J. Lamb, Kittie D. Warshawsky, Thompson Hine & Flory LLP, Cleveland, OH, for Defendant-Appellee The Richard E. Jacobs Group, Inc.

John E. Gould, Michael R. Manley, Gould & Wilkie, New York, NY, for Defendants-Appellees.

Before: CALABRESI, SACK, and SOTOMAYOR, Circuit Judges.

SACK, Circuit Judge:

This appeal arises out of a contest for control of a real estate investment trust waged throughout the summer and fall of 1997 between plaintiff Simon DeBartolo Group, L.P., and a group including defendants The Richard E. Jacobs Group, Inc. and New England Development, Inc. The contest began with the defendants' proposal to form a new entity that would be endowed, in exchange for ownership units, with the trust's sole asset and some of the defendants...

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