PERFECT PHOTO, INC. v. GRABB

Civ. A. No. 29918.

205 F.Supp. 569 (1962)

PERFECT PHOTO, INC., Plaintiff, v. Warren G. GRABB, Defendant.

United States District Court E. D. Pennsylvania.

On Motion for Modification June 20, 1962.


Attorney(s) appearing for the Case

S. Gordon Elkins, of Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for plaintiff.

M. Carton Dittmann, Jr., of Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for defendant.


FREEDMAN, District Judge.

Plaintiff has moved for summary judgment in an action brought under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b), for profits realized by defendant on so-called "short swing" transactions. The Act permits corporate recovery of profits made by an "insider" from the purchase and sale of the corporation's stock within any period of less than six months.

The statutory standards are that the "equity security...

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