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GRUMMAN ALLIED INDUSTRIES v. ROHR INDUSTRIES, INC.

No. 89, Docket 84-7402.

748 F.2d 729 (1984)

GRUMMAN ALLIED INDUSTRIES, INC. and Grumman Corporation, Plaintiff-Appellants, v. ROHR INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 31, 1984.

Attorney(s) appearing for the Case

Francis J. O'Toole, P. David Richardson, Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C., Alexander R. Sussman, Howard B. Levi, New York City (on the brief), Fried, Frank, Harris, Shriver & Jacobson, New York City, for plaintiff-appellants.

Frederick R. Wirtz, J. Anthony Sinclitico, III, Gibson, Dunn & Crutcher, San Diego, Cal., Gregory A. Markel, John A. Redmon, New York City (of counsel), Davis, Markel, Dwyer & Edwards, New York City, for defendant-appellee.

Before KAUFMAN and WINTER, Circuit Judges and WYZANSKI, Senior District Judge.

IRVING R. KAUFMAN, Circuit Judge:

On January 3, 1978, Grumman Allied Industries (Grumman), a subsidiary of the Grumman Corporation, acquired all the plants, books, records, and other assets of The Flxible Company (Flxible), a subsidiary of the Rohr Corporation. The price paid was $55 million, and among the assets purchased were two hand-built prototypes — Proto I and Proto II — of a new bus known as the Model 870, and the right to use the design for...

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