OAKES, Circuit Judge:
Petitioner-appellant Heublein, Inc., appeals from an order granting summary judgment in favor of respondent-appellee General Cinema Corp. entered by William C. Conner, Judge, United States District Court for the Southern District of New York, on March 9, 1983. Heublein sued General Cinema under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b),
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