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BLAU v. OPPENHEIM

250 F.Supp. 881 (1966)

Isadore BLAU, Plaintiff, v. Laurent OPPENHEIM, Jr., M & T Chemicals, Inc., Hanson-Van Winkle Munning Company and American Can Company, Defendants.

United States District Court S. D. New York.

February 21, 1966.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant Laurent Oppenheim, Jr., Edward J. Reilly, Jr., Adlai S. Hardin, Jr., New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants M & T Chemicals, Inc. and American Can Co., Edward N. Sherry, New York City, of counsel.

Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Associate Gen. Counsel, Ellwood L. Englander, Asst. Gen. Counsel, Daniel J. Goldberg, Washington, D. C., of counsel, for Securities and Exchange Commission, amicus curiae.

February 21, 1966. 65 Civil 2719.

WEINFELD, District Judge.

The defendant, Laurent Oppenheim, Jr., moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state a claim. The action was commenced under section 16(b) of the Securities Exchange Act of 19341 to recover "shortswing profits" allegedly realized by the defendant in sales and purchases of common stock of Hanson-Van...

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