MURPHY, District Judge.
These are cross-motions for summary judgment in an action arising out of § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(a, b) imposing liability for profits realized from so-called "short-swing" transactions upon owners of more than ten per cent of securities, in favor of the corporation in whose shares such trading occurs. Plaintiff moves for summary judgment contending that there is no genuine issue of fact, except...
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