Neuberger Berman Real Estate Income Fund, Inc. v. Lola Brown Trust No. 1B

MEMORANDUM OPINION

DAVIS, District Judge.

This action arises out of a hostile tender offer which sought to take control of a Maryland closed-end investment company; the lawsuit was one among several defensive actions taken in response to the tender offer by the investment company’s board. 1 Three of the defendants filed a ten-count counterclaim, challenging, on myriad grounds, the propriety of the defensive measures invoked by plaintiff. 2 After discovery concluded, the parties filed cross-motions for summary judgment. A hearing was held and, by orders entered on March 30, 2007, and April 15,…