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BLAU v. RAYETTE-FABERGE, INC.

No. 171, Docket 31674.

389 F.2d 469 (1968)

Isadore BLAU and Morris J. Levy, Plaintiffs-Appellants, v. RAYETTE-FABERGE, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 8, 1968.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiffs-appellants.

George Weisz, New York City (Cleary, Gottlieb, Steen & Hamilton, Edmund H. Kerr, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

In Gilson v. Chock Full O'Nuts Corp., 331 F.2d 107 (2d Cir.1964) (in banc), this court noted an issue which it did not feel called upon to decide:

whether in a case where an attorney for a stockholder does nothing more than find a claim for the recovery of "short-swing" profits under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. &...

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