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ELLERIN v. MASSACHUSETTS MUTUAL LIFE INSURANCE CO.

No. 210, Docket 25352.

270 F.2d 259 (1959)

Sol J. ELLERIN, a stockholder of The General Tire & Rubber Company, suing on behalf of himself and all other stockholders similarly situated, and on behalf and in the right of The General Tire & Rubber Company, Plaintiff-Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, and The General Tire & Rubber Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided September 8, 1959.

Attorney(s) appearing for the Case

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

Thomas G. Meeker, Gen. Counsel, Joseph B. Levin, Asst. Gen. Counsel, George P. Michaely, Jr., Atty., Washington, D. C., for Securities and Exchange Commission, Amicus Curiae in aid of plaintiff-appellant.

Rowland H. Long, Springfield, Mass. (Edward T. Post and Tanner, Friend, Kinnan & Post, New York City on the brief), for defendant-appellee, Massachusetts Mutual Life Insurance Co.

John F. Dooling, Jr., New York City (George C. Kern, Jr., William J. Kirby, and Sullivan & Cromwell, New York City, on the brief), for defendant-appellee, General Tire & Rubber Co.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

MEDINA, Circuit Judge.

Plaintiff, Ellerin, a stockholder of The General Tire & Rubber Company, is seeking on behalf of the company under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b), to recover certain profits realized by the defendant, Massachusetts Mutual Life Insurance Company, from its purchases and sales of General Tire common stock within a period of less than six months. Ellerin

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