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CRANE COMPANY v. WESTINGHOUSE AIR BRAKE COMPANY

Nos. 435-438, Dockets 32569-32572.

419 F.2d 787 (1969)

CRANE COMPANY, Plaintiff-Appellant, v. WESTINGHOUSE AIR BRAKE COMPANY, A. King McCord, Edward J. Janley, Edwin Hodge, Jr., Frank L. Magee, John A. Mayer, G. Albert Showmaker, Eric A. Walker, Lawrence E. Walkley, Jay V. Wilcox and Leslie B. Worthington, Defendants-Appellees. CRANE COMPANY, Plaintiff-Appellant, v. AMERICAN STANDARD, INC. and Blyth & Co., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 10, 1969.

Attorney(s) appearing for the Case

John W. Castles, III, New York City (Lord, Day & Lord, Wendell Davis, Jr., Roger C. Ravel, New York City, of counsel), and Abraham L. Pomerantz, New York City (Pomerantz, Levy, Haudek & Block, New York City), for plaintiff-appellant.

George C. Kern, Jr., New York City (Sullivan & Cromwell, Edward W. Keane, New York City, of counsel), for appellees American Standard, Inc. and Blyth & Co., Inc.

John W. Barnum, New York City (Cravath, Swaine & Moore, Donald I. Strauber, New York City, of counsel), for the individual appellees.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal by Crane Company from a decision of the United States District Court for the Southern District of New York, Sylvester J. Ryan, Judge, entered June 5, 1968, dismissing, after trial on the merits, Crane's consolidated complaint which was brought to prevent the consummation of the proposed merger of Westinghouse Air Brake Company ("Air Brake") into American Standard, Inc. ("Standard"). We find error in part and reverse...

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