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ALEXANDER'S DEPARTMENT STORES, INC. v. E.J. KORVETTE, INC.

198 F.Supp. 28 (1961)

ALEXANDER'S DEPARTMENT STORES, INC., Plaintiff, v. E. J. KORVETTE, INC. and Schwabro Corporation, Defendants.

United States District Court S. D. New York.

October 2, 1961.

Attorney(s) appearing for the Case

Lewis, Durante & Bartel, New York City, for plaintiff; Monroe Goldwater, James P. Durante, Milton Small, and Frederick E. Smithline, New York City, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendants; Whitney North Seymour, Richard M. Dicke, John A. Guzzetta, Roy L. Reardon, New York City, and Lawrence M. McKenna, of counsel.

METZNER, District Judge.

Plaintiff moves under Rule 45(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to quash defendants' subpoena duces tecum and moves pursuant to Rule 30(b) for a protective order.

The complaint seeks an injunction, divestiture and treble damages in the amount of $10,500,000. It is predicated upon Section 7 of the Clayton Act (15 U.S.C.A. § 18), which makes illegal the acquisition by one corporation of the stock of...

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