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

No. 457, Docket 33244.

406 F.2d 755 (1969)

The B. F. GOODRICH COMPANY, Plaintiff-Appellant, v. NORTHWEST INDUSTRIES, INC., Loew's Theaters, Inc., Ben W. Heineman and Laurance A. Tisch, Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided February 7, 1969.

Attorney(s) appearing for the Case

David Hartfield, Jr., New York City (Morton Moskin, John J. McNally, Edmund J. Kelly, Paul J. Bschorr, White & Case, New York City, on the brief), for plaintiff-appellant.

Samuel W. Block, Chicago, Ill. (Wesley G. Hall, Chester T. Kamin, Chicago, Ill., William J. Manning, John A. Guzzetta, New York City, Jenner & Block, Chicago, Ill., and Simpson, Thacher & Bartlett, New York City, on the brief), for defendants-respondents Northwest Industries, Inc. and Ben W. Heineman.

Arthur Liman, New York City (Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, on the brief), for defendants-respondents Loew's Theaters, Inc. and Laurance A. Tisch.

Before ANDERSON, FEINBERG, Circuit Judges, and MANSFIELD, District Judge.

PER CURIAM:

The determination of the issues presented to the District Court relative to the application for preliminary injunctive relief with respect to a proposed exchange offer to be made to the shareholders of the B. F. Goodrich Company, plaintiff-appellant, by Northwest Industries, Inc., defendant-appellee, was clearly within the discretion of that court. It found

"* * * no basis upon which it can be fairly contended that this is an instance of irreparable...

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