LOWENSCHUSS v. BLUHDORN

Nos. 444, 645, Dockets 79-7566, 78-7267.

613 F.2d 18 (1980)

Fred LOWENSCHUSS, Trustee for Fred Lowenschuss Associates Pension Plan, Plaintiff-Appellant, and Rachel C. Carpenter, Plaintiff-Intervenor-Appellee, and The McIntosh Foundation, Plaintiff-Intervenor-Appellee, v. C.G. BLUHDORN, Gulf & Western Industries, Inc., and Kidder, Peabody & Co., Incorporated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 9, 1980.


Attorney(s) appearing for the Case

Albert Ominsky, Philadelphia, Pa. (Fred Lowenschuss, William D. Parry, Fred Lowenschuss Associates, Philadelphia, Pa., of counsel), for plaintiff-appellant.

Milton Paulson, New York City (Warren H. Colodner, Joel M. Gross, Gina M. Resnick, Barrett, Smith, Schapiro, Simon & Armstrong, New York City, of counsel), for plaintiff-intervenor-appellee.

Roy L. Reardon, New York City (Barry R. Ostrager, Dennis G. Jacobs, Ben Wiles, Simpson Thacher & Bartlett, New York City, of counsel), for defendants-appellees C.G. Bluhdorn and Gulf & Western Industries, Inc.

William E. Willis, New York City (Charles E. Wilson, Sullivan & Cromwell, New York City, of counsel), for defendant-appellee Kidder, Peabody & Co., Inc.

Before MOORE, MANSFIELD, Circuit Judges, and PALMIERI, District Judge.


PER CURIAM:

Fred Lowenschuss, Trustee for Fred Lowenschuss Associates Pension Plan, appeals from a final order of the District Court for the Southern District of New York, entered on June 25, 1979, by Judge Dudley B. Bonsal, approving settlement of this consolidated class action on behalf of shareholders of The Great Atlantic & Pacific Tea Company, Inc. (A & P), for money damages allegedly caused by a tender offer made in February, 1973, by defendant-appellee...

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