Capital Realty Investors Tax Exempt Fund Ltd. Partnership v. Dominium Tax Exempt Fund L.L.P.

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 holder meetings scheduled for October 29, 1996.

Defendant Dominium Tax Exempt Fund L.L.P. (“Dominium”), a thus far unsuccessful contestant…