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BON-TON STORES, INC. v. MAY DEPT. STORES CO.

Nos. 94-CV-6454L, 94-CV-6479L.

881 F.Supp. 860 (1994)

The BON-TON STORES, INC., Plaintiff, v. The MAY DEPARTMENT STORES COMPANY, McCurdy & Company, Inc., and Wilmorite, Inc., Defendants. STATE OF NEW YORK By G. Oliver KOPPELL, Attorney General, Plaintiff, v. The MAY DEPARTMENT STORES COMPANY, McCurdy & Company, Inc., and Wilmorite, Inc., Defendants.

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

November 30, 1994.

Attorney(s) appearing for the Case

James Metzler, Boylan, Brown, Code, Fowler, Randall & Wilson, Rochester, NY, Ray S. Bolze, Marc G. Schildkraut, Yvette Benguerel, Eberhard W. Pfaller, Jr., Howrey and Simon, Washington, DC, for The Bon-Ton Stores, Inc.

Joseph Opper, Robert Hubbard, Pamela Jones Harbour, New York State Dept. of Law, Antitrust Bureau, New York City, for State of NY, by G. Oliver Koppell.

Anthony R. Palermo, Hodgson, Russ, Andrews, Woods & Goodyear, Rochester, NY, Ronald J. Dolan, Gary P. Chura, St. Louis, MO, for The May Dept. Stores Co.

Fred G. Aten, Jr., Harter, Secrest & Emery, Rochester, NY, for McCurdy & Co., Inc.

Paul R. Braunsdorf, Harris, Beach & Wilcox, Rochester, NY, for Wilmorite, Inc.

DECISION AND ORDER

LARIMER, District Judge.

FACTUAL BACKGROUND

In our economic system, mercantile enterprises are generally left to their own devices to determine how best to make a profit. Certain actions, or inactions, purportedly designed to enhance profits may instead have a potential to harm the public. In such a case, swift action by a governmental agency or a court is necessary to avoid harm both to individuals and to the general...

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