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LOWEY v. HOWMET CORP.

No. 73 Civ. 3168 (JMC).

424 F.Supp. 461 (1977)

Rebecca LOWEY, Plaintiff, v. HOWMET CORPORATION and Pfizer, Inc., Defendants.

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

January 6, 1977.

Attorney(s) appearing for the Case

Kaufman, Taylor, Kimmel & Miller, New York City (Stanley L. Kaufman, New York City, of counsel), for plaintiff Lowey.

Seward & Kissel, New York City (Eugene P. Souther, New York City, of counsel), for defendant Howmet.

Dewey, Ballantine, Bushby Palmer & Wood, New York City (J. Paul McGrath, New York City, of counsel), for defendant Pfizer.

OPINION

CANNELLA, District Judge:

The cross-motions for summary judgment are denied.

Plaintiff, a stockholder of Pfizer Incorporated ["Pfizer"], commenced this action pursuant to Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover for Pfizer "short-swing" profits realized upon purchases and sales of Pfizer stock made by Howmet Corporation ["Howmet"] in October and November of 1972. Plaintiff alleges that Felix...

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