MEMORANDUM ORDER
BRODERICK, District Judge.
Plaintiff's motion for summary judgment, in an action for recovery of short swing profits under § 16(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78p(b), presents the question of whether securities registered under the Securities Act of 1933 (the "Securities Act"), 15 U.S.C. § 77a et seq. are fungible for Section 16(b) purposes with like securities that are not...
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