MERRILL LYNCH, PIERCE, FENNER & SMITH v. LIVINGSTON

No. 75-3779.

566 F.2d 1119 (1978)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff-Appellee, v. William G. LIVINGSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 4, 1978.


Attorney(s) appearing for the Case

G. Douglas Kranwinkle (argued), of Munger, Tolles & Rickershauser, Los Angeles, Cal., for defendant-appellant.

Joel Mark (argued), of MacDonald, Halsted & Laybourne, Los Angeles, Cal., for plaintiff-appellee.

Before HUFSTEDLER and KILKENNY, Circuit Judges, and GRANT, District Judge.


HUFSTEDLER, Circuit Judge:

Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") obtained judgment against its employee Livingston requiring him to pay Merrill Lynch $14,836.37 which was the profit that he made on short-swing transactions in the securities of his employer in alleged violation of Section 16(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78p (1971)). We reverse because Livingston was not an officer with access to inside information...

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