Case Details

Year Initiated/Committed


Year Resolved


Settlement Amount



U.S. District Court for the Western District of New York

Docket Number

94-CV-6454L; 94-CV-6479L

Lead State


Participating States



May Department Stores Co., McCurdy & Co., Inc., Wilmorite, Inc.

Case Description

New York, in a consolidated action with The Bon-Ton Stores, Inc., a traditional department store and unsuccessful bidder for McCurdy’s assets, moved for a preliminary injunction enjoining defendants from implementing an agreement between McCurdy and May, by which May would have acquired McCurdy’s stores in the Rochester area. New York hs a hold separate agreement when Bon-Ton sued, and then also filed suit. On November 30, 1994, the Court granted preliminary injunctive relief to both the State and Bon Ton, aned the purchase agreement between May Company and McCurdy’s, and required May Company to divest the McCurdy’s assets it had already acquired. New York v. May Department, States, Inc., 881 F. Supp. 860 (W.D.N.Y. 1994). On March 6, 1995 the following settlement was placed on the public record requiring: (1) the defendants to divest the department stores assets acquired in the challenged transaction to The Bon Ton — a new department store entrant in the Rochester market; (2) defendant May Co. to notify the Attorney General of a five-year period of certain new store acquisitions in New York State; and (3) defendant May Co. to pay the State $75,000 in costs and fees.