LEWIS v. ARCARA

No. 74 Civil 4627.

401 F.Supp. 449 (1975)

Harry LEWIS, Plaintiff, v. James P. ARCARA and Capital Cities Communications, Inc., Defendants.

United States District Court, S. D. New York.

July 18, 1975.


Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff.

Hall, Dickler, Lawler, Kent & Howley, New York City, for defendants; Milford Fenster, Paul G. Whitby, New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

These are cross-motions for summary judgment in an action instituted by plaintiff, a shareholder in defendant Capital Cities Communications, Inc. ("Capital Cities"), pursuant to section 16(b) of the Securities Exchange Act of 19341 to recover on behalf of Capital Cities, the issuer, short swing profits realized by defendant James P. Arcara, a vice president of Capital Cities.

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