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LOWENSCHUSS v. KANE

No. 73 Civ. 2021.

392 F.Supp. 59 (1974)

Fred LOWENSCHUSS, Trustee for Fred Lowenschuss Associates Pension Plan, Individually and on behalf of all other persons and shareholders of Great Atlantic & Pacific Tea Co., Inc. who are similarly situated, Plaintiff, v. W. J. KANE and H. J. Berry, etc., Defendants.

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

April 16, 1974.

Attorney(s) appearing for the Case

Abraham E. Freedman, New York City, for plaintiff.

Milton Paulson, New York City, for Rachel C. Carpenter, a Shareholder.

Sullivan & Cromwell, New York City, for defendant Kidder, Peabody & Co., Inc.

Simpson, Thacher & Bartlett, New York City, for defendants C. G. Bluhdorn and Gulf & Western Industries by John A. Guzzetta, New York City, of counsel.

Cahill, Gordon & Reindel, Olwine, Connelly, Chase, O'Donnell, Weyher, New York City, for defendants Officers and Directors of Great Atlantic & Pacific Tea Co., Inc. and Great Atlantic & Pacific Tea Co., Inc. by Denis McInerney, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff has moved under Rule 60(b) of the Federal Rules of Civil Procedure for an order vacating a prior order of this Court which had been entered on November 12, 1973. The sole argument advanced by the plaintiff in support of his motion is that at the time I entered the order of November 12, 1973, I did not have jurisdiction to do so. Plaintiff contends that his appeal from an order filed in this...

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