Simon Debartolo Group, L.P., Gordon Altman Butowsky Weitzen Shalov & Wein v. The Richard E. Jacobs Group, Inc., and New England Development, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
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’ assets. DeBartolo responded with a tender offer for control of the trust itself. Then, with a shareholder vote on the…
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