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HELI-COIL CORPORATION v. WEBSTER

No. 14809.

352 F.2d 156 (1965)

HELI-COIL CORPORATION v. Reginald WEBSTER, Appellant.

United States Court of Appeals Third Circuit.

Reargued May 25, 1965.

Decided October 1, 1965.

Attorney(s) appearing for the Case

Charles Danzig, Riker, Danzig, Scherer & Brown, Newark, N. J., (Cole & Deitz, New York City, of counsel, on the brief), for appellant.

Emory C. Risley, Stryker, Tams & Dill, Newark, N. J., (William T. Sutphin, Newark, N. J., on the brief), for appellee.

Philip A. Loomis, Jr., Gen. Counsel, Washington, D. C. (David Ferber, Sol., Richard M. Phillips, Sp. Counsel, Gus J. Bennett, Atty., S.E.C., Washington, D. C., on the brief), for amicus curiae.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.

BIGGS, Chief Judge.

Heli-Coil Corporation brought this suit against one of its directors, Mr. Reginald Webster, to recover alleged short-swing profits under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b). The pertinent portion of § 16(b) is set out below.1 All of the events upon which the suit at bar is based took place prior to the effective dates of the Securities Acts Amendments of 1964, Pub.L. No...

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