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FEDER v. MARTIN MARIETTA CORPORATION

No. 33, Docket 32159.

406 F.2d 260 (1969)

Judith S. FEDER, Plaintiff-Appellant, v. MARTIN MARIETTA CORPORATION and Sperry Rand Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 14, 1969.

Attorney(s) appearing for the Case

Sidney B. Silverman, Mordecai Rosenfeld, New York City, for plaintiff-appellant.

Cecil Wray, Jr., Samuel E. Gates, Debevoise, Plimpton, Lyons & Gates, New York City, for appellee Martin Marietta Corp.

Charles Pickett, Edward C. McLean, Jr., Chadbourne, Parke, Whiteside & Wolfe, New York City, for appellee Sperry Rand Corp.

Before WATERMAN, SMITH and HAYS, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiff-appellant, a stockholder of the Sperry Rand Corporation ("Sperry") after having made the requisite demand upon Sperry which was not complied with, commenced this action pursuant to § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) (1964), to recover for Sperry "short-swing" profits realized upon Sperry stock purchases and sales by the Martin Marietta Corporation...

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