SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15 (D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report: November 22, 2002
Date of Earliest Event Reported: November 21, 2002
FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS (Exact name
of registrant as specified in its charter)
Ohio
(State or Other Jurisdiction of Incorporation)
001-06249 34-6513657
(Commission File Number) (I.R.S. Employer Identification No.)
125 Park Avenue, 14th Avenue
New York, NY 10017
(Address of principal executive offices, including ZIP code)
(212) 949-1373
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
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ITEM 5. OTHER EVENTS
On November 21, 2002, the New York Supreme Court of New York County
granted motions for preliminary injunction and expedited discovery filed
by a purported holder of shares of First Union's Series A Cumulative
Convertible Redeemable Preferred Stock, $25.00 par value (the "Preferred
Shares") in connection with the proposed merger of First Union Real Estate
Equity and Mortgage Investments ("First Union") with and into Gotham Golf
Corp. The court has scheduled a hearing on Tuesday, November 26 to
determine whether to grant further relief to plaintiff with respect to the
proposed transaction. The special meeting of common shareholders of First
Union will be convened as scheduled on Monday, November 25, with the vote
on the proposed merger transaction delayed and the meeting adjourned until
such time as determined by First Union's Board of Trustees, subject to
further court proceedings. The closing of the proposed merger transaction
is scheduled to occur on December 12, 2002.
ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL STATEMENTS, AND
EXHIBITS
99.1 Press Release, dated November 22, 2002, issued by First
Union Real Estate Equity and Mortgage Investments.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
Date: November 22, 2002
FIRST UNION REAL ESTATE EQUITY
AND MORTGAGE INVESTMENTS
By: /s/ NEIL H. KOENIG
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Name: Neil H. Koenig
Title: Interim Chief Financial Officer
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EXHIBIT LIST
Exhibit Description
No. ---------------
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99.1 Press Release, dated November 22, 2002, issued by First
Union Real Estate Equity and Mortgage Investments.
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