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KELLER INDUSTRIES, INC. v. WALDEN

No. 71-1364.

462 F.2d 388 (1972)

KELLER INDUSTRIES, INC., Plaintiff-Appellee, v. Donald W. WALDEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 23, 1972.

Attorney(s) appearing for the Case

Fred A. Jones, Jr., Richard W. Aschenbrenner, Miami, Fla., for defendant-appellant.

John L. Britton, Carmen A. Accordino, Feibelman, Friedman, Britton & Stettin, Miami, Fla., for plaintiff-appellee.

G. Bradford Cook, Gen. Counsel, Walter P. North, Associate Gen. Counsel, Patricia H. Latham, Atty., S. E. C., Washington, D. C., for the Securities and Exchange Comm., amicus curiae.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In February 1969, Appellant, Donald Walden, an officer-director of Keller Industries, Inc., sold at considerable profit some 650 shares of Keller stock which he had acquired less than 6 months before pursuant to the exercise of certain qualified and restricted stock options. Keller, undoubtedly sensitive to the pressure from the Securities and Exchange Commission, instituted this action under Section 16(b) of the Securities Exchange Act...

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