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INTERSTATE INVEST., INC. v. TRANSCONTINENTAL BUS SYS., INC.

No. 66 Civ. 3004.

310 F.Supp. 1053 (1970)

INTERSTATE INVESTORS, INC., Plaintiff, v. TRANSCONTINENTAL BUS SYSTEM, INC., now known as TCO Industries, Inc., defendant (formerly intervenor-defendant), Queen City Coach Company, General Realty & Insurance Corporation, M. E. Moore, N. W. Scheitel, Estate of L. A. Love, added defendants, Defendants.

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

March 26, 1970.

Attorney(s) appearing for the Case

Royall, Koegel & Wells, New York City, Frederick W. P. Lorenzen, William S. Greenawalt, New York City, of counsel, for plaintiff.

Lord, Day & Lord, New York City, John W. Castles, 3d, Wendell Davis, Jr., New York City, of counsel, for all defendants other than Estate of L. A. Love.

Richard J. Burke, New York City, for L. A. Love, Jr., et al., as Executors of Estate of L. A. Love.

OPINION

LASKER, District Judge.

The defendants move to dismiss the complaint or, in the alternative, for summary judgment in this antitrust action which constitutes the latest assault on the validity of an interstate bus merger which occurred in 1964. In that year Transcontinental Bus System, Inc. ("Transcon") acquired control of Queen City Coach Company ("Queen") and certain of its subsidiaries. The plaintiff, Interstate Investors, Inc. ("Investors"), whose...

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