VAN AALTEN v. HURLEY


176 F.Supp. 851 (1959)

Gertrude VAN AALTEN, Plaintiff, v. Roy T. HURLEY, Joseph V. Miccio, S. B. Kurzina, Jr., Jack O. Charshafian, Frank W. Mercik, William T. Lake, James G. Byron and Curtiss-Wright Corporation, Defendants.

United States District Court S. D. New York.

July 30, 1959.


Attorney(s) appearing for the Case

William Rosenfeld, New York City, Milton Paulson, New York City, of counsel, for plaintiff.

Breed, Abbott & Morgan, New York City, Edward J. Ross, Stuart H. Johnson, Jr., Charles J. Lipton, New York City, of counsel, for defendants.

Thomas G. Meeker and J. Gordon Cooney, Washington, D. C., for Securities and Exchange Commission, amici curiae.


BICKS, District Judge.

Sub judice are cross-motions for summary judgment. Plaintiff, a stockholder of Curtiss-Wright Corporation, instituted this suit pursuant to Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b),1 to recover "shortswing" profits allegedly realized by the individual defendants. The important legal issue presented is whether, assuming arguendo the invalidity of Securities and Exchange...

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