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B. F. GOODRICH COMPANY v. NORTHWEST INDUSTRIES, INC.

Civ. A. No. 3752.

303 F.Supp. 53 (1969)

The B. F. GOODRICH COMPANY, Plaintiff, v. NORTHWEST INDUSTRIES, INC., Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court D. Delaware.

August 11, 1969.

Attorney(s) appearing for the Case

Blaine T. Phillips, Wilmington, Del., and Morton Moskin, New York City, of counsel, for plaintiff.

H. Albert Young, and Edward Maxwell, Wilmington, Del., and Edward K. Wheeler, and Robert G. Seaks, Washington, D. C., of counsel, for defendant.

Norman E. Levine, Asst. U. S. Atty., Wilmington, Del., and Fritz R. Kahn, Washington, D. C., for intervening defendant.

OPINION

STEEL, District Judge.

The complaint, purportedly filed under sections 1337 and 2201 of the Judicial Code, 28 U.S.C. §§ 1337 and 2201, prays for a determination by this Court that it would be unlawful under section 5 (4) of the Interstate Commerce Act, 49 U.S.C. § 5(4) for the defendant, Northwest Industries, Inc., (hereafter "Industries") to acquire control of the plaintiff, B. F. Goodrich Company (hereafter "Goodrich"), and through...

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