MILLER v. GENERAL OUTDOOR ADVERTISING CO.


223 F.Supp. 790 (1963)

Irving MILLER, Plaintiff, v. GENERAL OUTDOOR ADVERTISING CO., Inc., Gamble-Skogmo, Inc. and Alleghany Corporation, Defendants.

United States District Court S. D. New York.

December 2, 1963.


Attorney(s) appearing for the Case

Kaufman, Taylor & Kimmel, New York City, for plaintiff, Stanley L. Kaufman, Shephard S. Miller, New York City, of counsel.

Holtzmann, Wise & Shepard, New York City, for defendant Gamble-Skogmo, Inc., James W. Deer, Irving S. K. Chin, New York City, of counsel.


WYATT, District Judge.

This is a motion by defendant Gamble-Skogmo, Inc. ("Gamble") for summary judgment (Fed.R.Civ.P. 56) in an action for alleged "short swing" profits under Section 16(b) of the Securities and Exchange Act of 1934 (15 U.S.C. § 78p(b); the "Act").

The "issuer" is Alleghany Corporation; the action is brought in its behalf by a stockholder and Alleghany is named as a defendant. Jurisdiction is given to this Court by Section 27 of the Act...

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