On October 29, 2010 a commercial division case was filed
by
Terex Corporation,,
represented by
Grinalds, Maura B, and
Rideout, Patrick G,
against
Bucyrus International, Inc.,,
represented by
Schwartz, Matthew A, and
Wiesel, Laurent S,
in the jurisdiction of New York County.
Judge Melvin Schweitzer presiding.
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SULLIVAN & CROMWELL LLP
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January 28, 2011
Via Electronic Filing and Hand Delivery
The Honorable Melvin L. Schweitzer,
Supreme Court, New York County,
26 Broadway, 10th Floor,
New York, New York 10004.
Re: Terex Corporation v. Bucyrus International, Inc.
Index No. 651889/2010E
Dear Justice Schweitzer:
I write on behalf of Bucyrus International, Inc. (“Bucyrus”) pursuant to
the Rules of Practice of the Justices of the Commercial Division, Rule 24(c), to advise the
Court that Bucyrus intends to file a motion in the above-captioned matter (the “Motion’”)
to strike portions of the affidavits of Phillip C. Widman, Brian J. Henry, and Eric I.
Cohen (Motion Seq. No. 2, Docket Nos. 15, 16, 17) (collectively, the “Terex Affidavits”)
that Terex Corporation (…
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