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C.R.A. REALTY CORP. v. CROTTY

No. 1084, Docket 89-7069.

878 F.2d 562 (1989)

C.R.A. REALTY CORP., Appellant, v. Joseph R. CROTTY and United Artists Communications, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Morris J. Levy (Levy & Levy, on the brief), New York City, for appellant, C.R.A. Realty Corp.

John M. Sherwood, Orinda, Cal., for appellee, Joseph R. Crotty.

Marvin Luboff, East Meadow, N.Y. for appellee, United Artists Communications, Inc.

Before OAKES, Chief Judge, and TIMBERS and MESKILL, Circuit Judges.

TIMBERS, Circuit Judge:

The essential question presented by this appeal is whether an employee's functions, rather than his title, determine whether he is an "officer" within the meaning of § 16(b) of the Securities Exchange Act of 1934. The district court held that the employee's functions were determinative. We agree. We affirm.

Appellant C.R.A. Realty Corp. appeals from a judgment entered December 27, 1988 in the Southern District of New York, Robert...

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