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MOULDINGS, INC. v. POTTER

No. 71-2867.

465 F.2d 1101 (1972)

MOULDINGS, INC., Plaintiff-Appellee, v. Ernest E. POTTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 15, 1972.

Attorney(s) appearing for the Case

Barry Phillips, G. Kimbrough Taylor, Jr., Atlanta, Ga., Myers & Parks, John R. Parks, Americus, Ga., for defendant-appellant, Ernest E. Potter; Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Susan A. Cahoon, Atlanta, Ga., of counsel.

Frank C. Jones, Timothy K. Adams, Macon, Ga., Jones, Cork, Miller & Benton, Macon, Ga., of counsel.

Before RIVES, BELL and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 15, 1972.

BELL, Circuit Judge:

This appeal is from a judgment rendered in favor of a corporation against an officer-director on a claim for profits due under § 16(b) of the Securities Exchage Act of 1934,1 15 U.S.C.A. § 78p. We affirm as to liability. We vacate as to the amount of the judgment and remand with direction.

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