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LEWIS v. MELLON BANK, N.A.

No. 74-1743.

513 F.2d 921 (1975)

Harry LEWIS, Appellant, v. MELLON BANK, N.A., et al.

United States Court of Appeals, Third Circuit.

Decided April 10, 1975.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, Michael P. Malakoff, Berger & Kapetan, Pittsburgh, Pa., for appellant.

J. Tomlinson Fort, Edward Hoopes, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Mellon Bank, N.A., John H. Hill, William F. Hill, II, and John C. Hill.

Before SEITZ, Chief Judge, and ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

The plaintiff in an action for the recovery of short-swing profits under section 16(b) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78p(b) (1970), appeals a final judgment of the district court, entered pursuant to defendants' motion for summary judgment, dismissing the complaint.

The plaintiff, Harry Lewis, is a stockholder of PPG Industries, Inc. ("PPG"). Defendants are the executors...

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