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

No. 73 Civ. 2220-CLB.

385 F.Supp. 240 (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 AND ORDER

BRIEANT, District Judge.

By motion filed September 20, 1974 and argued October 15, 1974, third-party defendants Acme Fast Freight, Inc. ("New Acme") and Acme Fast Freight of Canada, Ltd. ("Acme-Canada") move to dismiss the First Amended Third-Party Complaint as to them on grounds more particularly set forth in the Notice of Motion, which for simplicity may be styled as a defense of mistaken identity.

In the Underlying Complaint...

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