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BOOTH v. VARIAN ASSOCIATES

No. 6277.

334 F.2d 1 (1964)

Harold C. BOOTH et al., Defendants, Appellants, v. VARIAN ASSOCIATES, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

July 15, 1964.

Attorney(s) appearing for the Case

Louis Loss, Cambridge, Mass., with whom C. Henry Glovsky and Glovsky & Glovsky, Beverly, Mass., were on brief, for appellants.

Frank W. Crocker, Boston, Mass., with whom Edward A. Benjamin and Ropes & Gray, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

Plaintiff-appellee, Varian Associates, a California corporation, brought an action in the United States District Court for the District of Massachusetts under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover alleged "inside profits" made by defendants-appellants, Harold C. Booth and Henry J. McCarthy, both of Massachusetts, on the sale of certain shares of Varian stock. From the granting of the appellee...

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