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Terry Lundgren Sought in Court Case

In a letter to the judge hearing the case between Martha Stewart and Macy's, lawyers for MSLO said the retailer has refused to make its ceo available.

SEEKING TERRY: Macy’s Inc.’s three-month old legal battle with Martha Stewart Living Omnimedia Inc. has produced about 40,000 pages of documents, but so far Terry J. Lundgren, the retailer’s president, chairman and chief executive officer, has been a no show. In a letter to the New York state judge hearing the case, lawyers for Martha Stewart said Macy’s has refused to make Lundgren available even though Martha Stewart herself and Lisa Gersh, the company’s president and chief operating officer, have been deposed. The letter said Lundgren “is likely to have unique, relevant knowledge about several of the matters” in the case.

Macy’s sued Martha Stewart in January, claiming breach of contract in the wake of Martha Stewart’s deal to set up shops-in-shop with J.C. Penney Co. Inc. A Macy’s spokesman declined to comment.

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