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MARQUETTE CEMENT MANUFACTURING CO. v. ANDREAS

239 F.Supp. 962 (1965)

MARQUETTE CEMENT MANUFACTURING COMPANY, Plaintiff, v. Albert M. ANDREAS and the Andreas Corporation, Defendants.

United States District Court S. D. New York.

April 7, 1965.

Attorney(s) appearing for the Case

Davies, Hardy & Schenck, New York City, for plaintiff, John W. Burke, New York City, of counsel.

Nixon, Mudge, Rose, Guthrie & Alexander, New York City, for defendants, Milton Black, Stuart A. Summit, New York City, of counsel.

CASHIN, District Judge.

Plaintiff, Marquette Cement Manufacturing Company (Marquette), brings this action pursuant to Section 16(b) of the Securities Act of 1934, Title 15 U.S. C.A. § 78p(b), to recover profits allegedly realized by the defendants, Albert M. Andreas and The Andreas Corporation (Corporation), on the purchase and sale of Marquette securities within a six month period.

The transaction complained of is somewhat intricate. It involves the...

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