PIRELLI ARMSTRONG TIRE CORP. RETIREE v. LUNDGREN

No. 07 Civ. 5862 (RJH).

579 F.Supp.2d 520 (2008)

PIRELLI ARMSTRONG TIRE CORPORATION RETIREE MEDICAL BENEFITS TRUST, derivatively on behalf of Macy's Inc., Plaintiff, v. Terry J. LUNDGREN, et al., Defendants, and Macy's Inc., Nominal Defendant.

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

September 30, 2008.


Attorney(s) appearing for the Case

Ashely R. Palmer, Brian James Robbins, Jeffrey Paul Fink, Robbins Umeda & Fink, LLP, San Diego, CA, Douglas S. Johnston, Jr., George E. Barrett, Timothy L. Miles, Barrett, Johnston & Parsley, Nashville, TN, Thomas G. Amon, Law Offices of Thomas G. Amon, New York, NY, for Plaintiff.

Michael Alan Platt, Geoffrey J. Ritts, John M. Newman, Jr., Jones Day, Cleveland, OH, Arthur J. Margulies, Jones Day, New York, NY, for Defendants.


MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

This is a shareholder derivative action brought by plaintiff Pirelli Armstrong Tire Corporation Retiree Medical Benefits Trust ("Plaintiff") on behalf of nominal defendant Macy's Inc. ("Macy's"), asserting causes of action for violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, various breaches of fiduciary duties, waste of corporate assets, and unjust...

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