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RHEEM MANUFACTURING COMPANY v. RHEEM

No. 17206.

295 F.2d 473 (1961)

RHEEM MANUFACTURING COMPANY, a Corporation, Appellant, v. R. S. RHEEM, Appellee, Ann J. Mathes, Intervenor.

United States Court of Appeals Ninth Circuit.

October 13, 1961.

Attorney(s) appearing for the Case

Garry, Dreyfus & McTernan, San Francisco, Cal., Morris J. Levy, New York City, of counsel, for intervenor Ann J. Mathes.

Marshall P. Madison, John B. Bates and Noble K. Gregory, San Francisco, Cal., Pillsbury, Madison & Sutro, San Francisco, Cal., of counsel, for appellee.

Before ORR and MERRILL, Circuit Judges, and KILKENNY, District Judge.

ORR, Circuit Judge.

At the request of Ann J. Mathes, one of its stockholders, appellant company instituted a suit for the recovery of profits realized by appellee Richard S. Rheem from the alleged purchase and sale, within six months, of securities in Rheem Manufacturing Company (hereinafter the Company) listed on the New York Stock Exchange. In its suit the Company sought to invoke the "insider trading" provisions of the Securities Exchange

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