PAY LESS DRUG STORES v. JEWEL COMPANIES, INC.

No. C-80 3227 AJZ.

579 F.Supp. 1396 (1984)

PAY LESS DRUG STORES, Plaintiff, v. JEWEL COMPANIES, INC., Defendant.

United States District Court, N.D. California.

February 1, 1984.


Attorney(s) appearing for the Case

Geoffrey M. Kalmus, Kramer, Levin, Nessen, Kamin & Frankel, New York City, Richard W. Canady, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, Cal., for plaintiff.

Stephen V. Bomse, Daniel E. Titelbaum, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendant.


ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

ZIRPOLI, District Judge.

Defendant Jewel Companies, Inc. moves for summary judgment on each of plaintiff's claims brought under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), for recovery of "short swing" profits allegedly realized by Jewel. Plaintiff has filed a cross-motion for summary judgment on its first and second claims and contends that questions of fact exist with...

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