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GULF & WESTERN INDUS., INC. v. GREAT A. & P. TEA CO., INC.

No. 73 Civ. 536.

356 F.Supp. 1066 (1973)

GULF & WESTERN INDUSTRIES, INC., Plaintiff, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Defendant and Third-Party Plaintiff, v. Charles G. BLUHDORN and Kidder Peabody & Co., Inc., Third-Party Defendants.

United States District Court, S. D. New York.

February 13, 1973.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, for plaintiff and third-party defendant Bluhdorn; Whitney North Seymour, William S. Manning, Melvyn L. Cantor, George H. Hempstead, III, Luin P. Fitch, Jr., Cynthia M. Cohen, and John A. Guzetta, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendant; D. G. McInerney, R. L. Falls, W. T. Lifland, H. L. Bisgaier, and C. Platto, New York City, of counsel.

Sullivan & Cromwell, New York City, for Kidder Peabody & Co., Inc.; William E. Willis and Mark I. Fishman, New York City, of counsel.

OPINION

DUFFY, District Judge.

The plaintiff, Gulf & Western Industries, Inc. (hereinafter referred to as G & W), is one of the biggest of the conglomerates which now is to be found on our national and international scene. Charles G. Bluhdorn, a third party defendant, is the Chairman of the Board, Chief Executive Officer, and guiding genius of G & W.

The defendant and third party plaintiff, The Great Atlantic and Pacific Tea Company,...

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