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RMR Hospitality & Real Estate Fund Sues Its Largest Shareholder.


SADDLE BROOK, N.J. -- Bulldog bulldog, breed of thick-set nonsporting dog developed in the British Isles many centuries ago. It stands from 13 to 15 in. (33–38.1 cm) high at the shoulder and weighs from 40 to 50 lb (18.1–22.7 kg).  Investors General Partnership ("BIGP BIGP Bulldog Investors General Partnership "), the largest shareholder of RMR RMR Resting Metabolic Rate
RMR Registered Merit Reporter
RMR Reliability Must-Run (electric generation plant's status to maintain grid voltage/reliability)
RMR Recurring Monthly Revenue (finance) 
 Hospitality & Real Estate Fund ("RHR RHR Resting Heart Rate
RHR Right Hand Reverse (door opening convention)
RHR Residual Heat Removal (nuclear power)
RHR Royal Highland Regiment (Black Watch) 
") (AMEX AMEX

See: American Stock Exchange
: RHR) today announced that RHR has sued BIGP to enforce a purported ownership limitation on RHR's stock. RHR's lawsuit was filed after BIGP publicly announced its intention to nominate directors for an election at the next annual meeting and to propose shareholders vote to terminate RHR's advisory agreement with RMR Advisors, Inc.

Phillip Goldstein, a principal of BIGP, commented:

We believe that RHR imposes a limitation that is not in the best interest of its shareholders and is discriminatory because RMR Advisors is exempt from the provision. After we brought this concern to management's attention, Thomas M. O'Brien, RHR's President and a principal of RMR Advisors advised us that "shareholder democracy" is "inappropriate" for RHR and is incompatible with its business plan.

The Investment Company Act of 1940 has a policy to prevent investment companies like RHR from issuing stock that has unequal voting Unequal Voting

These provisions limit the voting rights of some shareholders and expand those of others. Under time-phased voting, shareholders who have held the stock for a given period of time are given more votes per share than recent purchases.
 rights or contains inequitable or discriminatory provisions. Ignoring the policies of the Investment Company Act of 1940, the RHR's board adopted a provision in its Agreement and Declaration of Trust that bars anyone other than RMR Advisors or its affiliates from acquiring more than 9.8% of RHR's shares.

Mr. Goldstein added: "We are hopeful that the court will take a more hospitable view of shareholder rights than Mr. O'Brien. The primary purpose of management's tactics including this lawsuit is pretty obvious."
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Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 14, 2006
Words:246
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