The CITY OF NEW YORK, a Municipal Corporation of the State of New York, on behalf of itself and all others similarly situated, Plaintiff,
v.
INTERNATIONAL PIPE AND CERAMICS CORPORATION, Lock Joint Pipe Company, Kerr Concrete Pipe Company, Martin Marietta Corporation, DePasquale Brothers, Inc., 8 Morris Avenue Glen Cove Corp., and Colonial Sand & Stone Co., Inc., Defendants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued June 17, 1968.
Decided April 10, 1969.
Attorney(s) appearing for the Case
William H. Mathers, New York City (Chadbourne, Parke, Whiteside & Wolff, New York City, for defendant Martin Marietta Corp.), for the motion.
Clark C. Vogel, Rumson, N. J., and Arnold & Porter, Washington, D. C., of counsel.
Sullivan & Cromwell, New York City (for defendants International Pipe & Ceramics Corp. and Lock Joint Pipe Co.), for the motion.
Jerome Doyle, New York City (Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendant Kerr Concrete Pipe Co.), for the motion.
Thomas J. Higgins, Roslyn Heights, N. Y. (for defendants DePasquale Brothers, Inc. and 8 Morris Avenue Glen Cove Corp.), for the motion.
Goodstein, Zamore, Mehlman & Krones, New York City (for defendant Colonial Sand and Stone Co., Inc.), for the motion.
J. Lee Rankin, Corp. Counsel, New York City, in opposition.
Louis J. Lefkowitz, Atty. Gen., State of New York (for intervenor plaintiff New York State Thruway Authority), in opposition.
Sidney Goldstein, New York City (for intervenor plaintiff The Port of New York Authority), in opposition.
David Brrger, Philadelphia, Pa., Maloney, Ross, Phelps & Wolf, New York City (for various intervenor plaintiffs), in opposition.
Dickstein, Shapiro, Dennis & Galligan, New York City (for intervenor plaintiff State of Wisconsin), in opposition.
David Bromberg, New York City (for intervenor plaintiff State of Kansas), in opposition.
Before MOORE and HAYS, Circuit Judges, TIMBERS, District Judge.
United States Court of Appeals Second Circuit.
MOORE, Circuit Judge:
The plaintiff "The City of New York, a Municipal Corporation of the State of New York, on behalf of itself and all others similarly situated" brings this action as the representative of a class (Rule 23, F.R.Civ.Pr.) consisting of "all state and municipal governments, government agencies, authorities and subdivisions in the United States * * *"** The defendants are manufacturers and sellers of "low-pressure" and ...
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