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GAF CORP. v. HEYMAN

Nos. 82 Civ. 6319 (LFM), 82 Civ. 7442 (LFM).

559 F.Supp. 748 (1983)

GAF CORPORATION, Plaintiff, v. Sam HEYMAN, Defendant. Samuel J. HEYMAN, Plaintiff, v. GAF CORPORATION, Jesse Werner, T. Roland Berner, Peter Bosshard, Augustine Markusi, Julliette M. Moran, James T. Sherwin, Richard F. Smith, Herman Sokol, Nolan B. Sommer and Robert Spitzer, Defendants.

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

March 15, 1983.

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed by Jerome G. Shapiro, George A. Davidson and Theodore V.H. Mayer, New York City, for GAF Corp.

Finley, Kumble, Wagner, Heine, Underberg & Casey by Alan M. Gelb, P.C. and Ronald D. Hariri, New York City, for Samuel Heyman.

OPINION

MacMAHON, Senior District Judge.

GAF Corporation (GAF) has moved, pursuant to Canons 4, 5 and 9 of the Code of Professional Responsibility, for an order disqualifying the firm of Finley, Kumble, Wagner, Heine, Underberg & Casey (Finley Kumble) as counsel for Samuel Heyman in these actions. The basis for these motions is that an associate of Finley Kumble, Robert B. Smith, has recently represented GAF on substantially related matters as an associate...

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