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FINNEGAN v. CAMPEAU CORP.

No. 1005, Docket 89-9183.

915 F.2d 824 (1990)

Michael FINNEGAN, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. CAMPEAU CORP., a corporation, R.H. Macy & Co., Inc., a corporation and Macy Acquiring Corp., a corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 4, 1990.

Attorney(s) appearing for the Case

Robert A. Skirnick, New York City (Andrew Davidovits, Wechsler Skirnick Harwood Halebian & Feffer, New York City, Guido Saveri, Saveri & Saveri, San Francisco, Cal., Perry Goldberg, Specks & Goldberg, Chicago, Ill., Jeremiah F. Hallissey, Hallisey & Johnson, San Francisco, Cal., Gene I. Mesh, Gene Mesh & Associates, Cincinnati, Ohio, all of counsel), for plaintiff-appellant Michael Finnegan.

Helene D. Jaffe, New York City (Harris J. Yale, Judith M. Yellin, Weil, Gotshal & Manges, New York City, of counsel), for defendant-appellee R.H. Macy & Co., Inc.

Before KEARSE, CARDAMONE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

Before us is an appeal brought by Michael Finnegan, the representative of disgruntled shareholders of a target company, Federated Department Stores, Inc. (Federated), who alleges that he suffered economic injury actionable under the antitrust laws when R.H. Macy & Co., Inc. (Macy's) and Campeau Corp. (Campeau) — two rival bidders for a controlling interest in the target company — entered into a mutually advantageous agreement...

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