GOLD v. SLOAN

Nos. 71-2180 to 71-2182.

486 F.2d 340 (1973)

Betty L. GOLD, on behalf of the Susquehanna corporation, Appellee, v. Arthur W. SLOAN and Glenn L. Sloane, Appellants, Securities and Exchange Commission, Amicus Curiae. Betty L. GOLD, on behalf of the Susquehanna corporation, Appellant, v. Keith E. RUMBEL, Appellee, Securities and Exchange Commission, Amicus Curiae. Betty L. GOLD, on behalf of the Susquehanna corporation, Appellee, v. Arch C. SCURLOCK, Appellant, Securities and Exchange Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1973.

For Opinion On Petition for Rehearing February 1, 1974.


Attorney(s) appearing for the Case

Charles S. Rhyne, Washington, D. C. (Courts Oulahan, David M. Dixon, Robert H. Culp, and Rhyne & Rhyne, and Edmund D. Campbell, and Douglas, Obear, & Campbell, Washington, D. C., on brief), for appellants in No. 71-2180.

Joseph B. Gildenhorn, Washington, D. C. (Sidney B. Silverman, New York City, Ewell G. Moore, Jr., Fairfax, Va., on brief), for appellee in No. 71-2180, for appellant in No. 71-2181, and appellee in No. 71-2182.

C. Roger Nelson, Washington, D. C. (Franklin M. Schultz, Stephen L. Parker, and Purcell & Nelson, Washington, D. C. and William W. Koontz and Boothe, Pritchard, & Dudley, Alexandria, Va., on brief), for appellant in No. 71-2182.

Jack L. Lewis, Washington, D. C. (John M. Gray, Robert B. Hirsch, David M. Osnos, and Arent, Fox, Kintner, Plotkin & Kahn, and A. Francis Vitt, Jr., Washington, D. C., on brief), for appellee in No. 71-2181.

G. Bradford Cook, Gen. Counsel, Walter P. North, Associate Gen. Counsel, Jacob H. Stillman, Asst. Gen. Counsel, Frederick L. White, Atty., S.E.C., on brief, for amicus curiae.

Before BOREMAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges.


For Opinion On Petition for Rehearing En Banc February 1, 1974. See 491 F.2d 729.

DONALD RUSSELL, Circuit Judge:

Betty L. Gold as a stockholder of The Susquehanna Corporation (hereinafter referred to as Susquehanna) sues to recover under Section 16(b) of the Securities Exchange Act profits allegedly realized by certain "insiders" from sales on the open market of shares of Susquehanna preferred stock issued to them as stockholders...

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