ALEXANDER & BALDWIN, INC. v. PEAT, MARWICK, M. & CO.

No. 73 Civ. 2220-CLB.

385 F.Supp. 230 (1974)

ALEXANDER & BALDWIN, INC., Plaintiff, v. PEAT, MARWICK, MITCHELL & CO., and Hauser, O'Connor & Hylind, Defendants. PEAT, MARWICK, MITCHELL & CO., et al., Defendants and Third-Party-Plaintiffs, v. ACME FAST FREIGHT, INC., et al., Third-Party-Defendants.

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

October 18, 1974.


Attorney(s) appearing for the Case

Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, for third party defendants Thomas A. Bradley, Jr., Estate of Thomas A. Bradley, Rosemary B. Corroon, Kate B. Dishon, Jeanne B. Kelly and Irene B. Parker.

Shearman & Sterling, New York City, for defendant and third party plaintiff Peat, Marwick, Mitchell & Co.

Breed, Abbott & Morgan, New York City, for plaintiff Alexander & Baldwin, Inc.

D'Amato, Costello & Shea, New York City, for defendant and third party plaintiff Hauser, O'Connor & Hylind.

Tibor Sallay, New York City, for third party defendant Acme Fast Freight, Inc.


MEMORANDUM DECISION ON REARGUMENT

BRIEANT, District Judge.

A motion by defendants and Third-Party Plaintiffs for a reargument of this Court's Memorandum decision of May 9, 1974, or alternatively, for certification of an interlocutory appeal pursuant to 28 U.S.C. § 1292(b), compels the conclusion that our recent decision was ill considered. It should be, and is in all respects withdrawn and vacated, and the...

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