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CITADEL HOLDING CORP. v. ROVEN

No. 92-55915.

26 F.3d 960 (1994)

CITADEL HOLDING CORP., a Delaware corporation, Plaintiff-Appellant, v. Alfred ROVEN; American Underwriters, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Kirsten Hicks Spira and Martin C. Washton, Gibson, Dunn & Crutcher, Los Angeles, CA, for plaintiff-appellant.

Jeffrey Q. Smith, Cadwalader, Wickersham & Taft, New York City, and Richard C. Field, Cadwalader, Wickersham & Taft, Los Angeles, CA, for defendants-appellees.

Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges.

Opinion by Judge D.W. NELSON.

D.W. NELSON, Circuit Judge:

OVERVIEW

Citadel Holding Corporation ("Citadel") appeals the district court's grant of summary judgment in favor of Alfred Roven ("Roven") and American Underwriters, Inc. ("American") in an action filed by Citadel under § 16(b) of the Securities Exchange Act of 1934 ("the Act"). 15 U.S.C. § 78p(b) (1988). Citadel seeks disgorgement of profits allegedly realized by Roven through...

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