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DOTTENHEIM v. MURCHISON

No. 15506.

227 F.2d 737 (1955)

Mark DOTTENHEIM, Appellant, v. Clint W. MURCHISON, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 15, 1956.

Attorney(s) appearing for the Case

Barefoot Sanders, Harold B. Sanders, Dallas, Tex., for appellant.

Donald G. Gay, Franklin E. Spafford, Dallas, Tex., Cooper K. Ragan, Houston, Tex., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

We are here called upon to determine whether a stockholder who sues on behalf of his corporation to recover "shortswing" profits of a "beneficial" owner of stock in the corporation, as authorized under Section 16(b) of the Securities Exchange Act of 1934,1 must allege that he was such stockholder at the time of the transactions complained of as required by Rule 23(b) of...

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