OPINION
POLLACK, District Judge.
This is an action in which plaintiff, a stockholder of Eli Lilly and Company ("Lilly"), registered with and listed on the New York Stock Exchange, seeks to recover on its behalf against defendant George L. Varnes for alleged violations of Section 16(b) of the Securities Exchange Act of 1934 and Section 10 and Rule 10b-5 thereunder, 15 U.S.C. §§ 78p(b), 78j, popularly referred to as "short swing" transactions.
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