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NORTHWAY, INC. v. TSC INDUSTRIES, INC.

No. 69 C 2513.

361 F.Supp. 108 (1973)

NORTHWAY, INC., a Delaware corporation, Plaintiff, et al., Intervening Plaintiffs, v. TSC INDUSTRIES, INC., a Delaware corporation, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

May 21, 1973.

Attorney(s) appearing for the Case

Arnold I. Shure, Stanley B. Block, Vedder, Price, Kaufman & Kammholz, Alex Elson, Elson, Lassers & Wolff, Professor Harry B. Reese, Northwestern Law School, Chicago, for Northway.

Edwin Rothschild, Rothschild, Barry & Myers, Joseph N. Morency, Jr., Price, Cushman, Keck, Mahin & Cate, Chicago, Ill., for National Industries and TSC.

Robert B. Fiske, Jr., Davis, Polk & Wardwell, New York City, Max E. Wildman, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for Charles Schmidt, and others.

Barry B. Nekritz, Chicago, Ill., for Burton Abrams, and others.

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

This matter arises upon plaintiff's motion for partial summary judgment of liability against the corporate defendants1 (referred to as "defendants" in Part I below) and the Schmidt defendants' motion for certification pursuant to Fed.R.Civ.P. 54(b) of the order of September 28, 1972,2 granting summary judgment on Count III of the amended, restated...

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