Clemente Global Growth Fund, Inc. v. Pickens

OPINION AND ORDER

KEENAN, District Judge.

BACKGROUND

The central facts of this case are set forth in Clemente Global Growth Fund, Inc. v. Pickens, 705 F.Supp. 958 (S.D.N.Y. 1989), familiarity with which is assumed. There, this Court ruled that plaintiff, a closed-end management investment company (the “Fund”), had standing to sue to enforce § 12(d)(1) of the Investment Company Act of 1940 (the “1940 Act”) and that plaintiff was entitled to a preliminary injunction enjoining defendants from closing a tender offer for up to 100% of plaintiff’s stock.

Although the Court will avoid repetition of its…