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COLBY v. KLUNE

Civ. 44-676.

83 F.Supp. 159 (1949)

COLBY v. KLUNE et al.

United States District Court S. D. New York.

January 25, 1949.

Attorney(s) appearing for the Case

Morris J. Levy, of New York City, for plaintiff.

Dwight, Harris, Koegel & Caskey, of New York City (Caesar L. Pitassy, of New York City, of counsel), for defendants.

CONGER, District Judge.

These are cross-motions for summary judgment pursuant to Federal Rules Civil Procedure, rule 56, 28 U.S.C.A.

The plaintiff, a stockholder of the defendant corporation, has instituted suit in accordance with Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b), for the recovery of profits realized by the defendant Klune from the purchases and sales of the common...

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