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TRANSCONTINENTAL REALTY INV. v. GOTHAM PARTNERS

No. 01 CIV.6782 MP.

218 F.Supp.2d 415 (2002)

TRANSCONTINENTAL REALTY INVESTORS, INC., Plaintiff, v. GOTHAM PARTNERS, L.P., Gotham Partners III, L.P., Gotham Partners International, Ltd, Gotham International Advisors, L.L.C., William A. Ackman, and David P. Berkowitz, Defendants.

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

August 15, 2002.

Attorney(s) appearing for the Case

Susman Godfrey, LLP (Steve Susman and William C. Carmody, Of Counsel), Dallas, TX, Milberg Weiss Bershad Hynes & Lerach, LLP, New York, for Plaintiff.

Proskauer Rose, LLP (Leon P. Gold, Linda I.T. Zabroskie, Arnold Jacobs, Of Counsel), New York City, for Defendants.

DECISION

POLLACK, Senior District Judge.

A motion for summary judgment is before the Court in a suit predicated on § 16(b) of the Securities Exchange Act of 1934. Under traditional procedure an Opinion from the Court would call for an initial explanation of the issues presented. In this unusual case however, the controversy between the parties is best initially presented by a historical review of the circumstances which gave rise to the controversy...

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