He has said that while Sears offered to mail his proxy materials, it wanted $300,000 for mailing costs, which he did not have.

But will shareholders vote without the powerful call to action that is inspired by the appearance of the proxy materials in their mailboxes?

The request to include the proposal in the investment company's proxy material was made to the fund's trustees, who earlier this year rejected the plan.

A judge denied a request to postpone Sears's annual meeting so that new proxy materials could be distributed.

A rejection of its five director nominees would weigh "heavily against" a new takeover bid, the company said in the proxy materials.

Under the procedure established by Lockheed, he has until Monday to submit his proxy materials to the company.

The proposal would have been included in the proxy materials for the Brown Group's annual meeting on May 26.

Warner's proxy material told shareholders that they were voting for all five directors.

In proxy material sent each year to shareholders, most public companies ask that their selection of outside auditors be ratified.

The company said it would send proxy material to shareholders shortly and "comment on all relevant issues in due course."