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MAGIDA v. CONTINENTAL CAN COMPANY

No. 275, Docket 23904.

231 F.2d 843 (1956)

Paul MAGIDA, a stockholder of The Vulcan Detinning Company, suing on behalf of himself and all other stockholders similarly situated, and on behalf and in the right of The Vulcan Detinning Company, Plaintiff-Appellee, v. CONTINENTAL CAN COMPANY, Inc., Defendant-Appellant, and The Vulcan Detinning Company, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 2, 1956.

Writ of Certiorari Denied June 4, 1956.

Attorney(s) appearing for the Case

Mark F. Hughes, New York City (Willkie, Owen, Farr, Gallagher & Walton and Vincent R. FitzPatrick, New York City, on the brief), for defendant-appellant.

Morris J. Levy, New York City, for plaintiff-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and GALSTON, District Judge.

Writ of Certiorari Denied June 4, 1956. See 76 S.Ct. 1031.

CLARK, Chief Judge.

This is an action under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), for recovery of shortswing profits claimed to be due The Vulcan Detinning Company on a purchase and sale of its common stock by Continental Can Company, Inc., owner of more than 10 per cent of Vulcan's equity securities. The action is brought by one Paul Magida, a stockholder of...

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