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CALEB & CO. v. E.I. DuPONT DE NEMOURS & CO.

No. 84 Civ. 4075(RWS).

624 F.Supp. 747 (1985)

CALEB & CO. and Unit & Co., partnerships, on behalf of themselves and all others similarly situated, Plaintiffs, v. E.I. DuPONT DE NEMOURS & COMPANY, First Jersey National Bank, and Conoco, Inc., Defendants.

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

October 31, 1985.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City (Thomas A. Shaw, Jr., Thomas W. Kelly, Howard Wolfson, of counsel), for plaintiffs.

Cravath, Swaine & Moore, New York City (Ronald S. Rolfe, Alan R. Glickman, Marc J. Apfelbaum, of counsel), for E.I. DuPont and Conoco.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City (Job Taylor, III, William K. Dodds, Maura Fecher, of counsel) for First Jersey Nat. Bank.

OPINION

SWEET, District Judge.

Plaintiffs Caleb & Company and Unit & Co. ("Caleb") have brought a motion for an order pursuant to Rule 3(j) of the Civil Rules for the Southern District of New York granting reargument of that portion of the court's July 26, 1985 opinion which dismissed Caleb's second cause of action "to the extent that it is premised on an obligation to pay promptly prior to August 17...

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