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TRISTAR CORP. v. FREITAS

No. 1305, Docket 95-7952.

84 F.3d 550 (1996)

TRISTAR CORPORATION, Plaintiff-Appellee, v. Ross A. FREITAS and Carolyn Safer Kenner, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Anthony C. Cianciotti, Fried, Frank, Harris, Shriver & Jacobson, Washington, DC (Elliot E. Polebaum, Washington, DC, on the brief), for Plaintiff-Appellee.

Chase A. Caro, Caro & Graifman, P.C., New York City (Brian D. Graifman, New York City, of counsel), for Defendants-Appellants.

Before KEARSE, JACOBS and CABRANES, Circuit Judges.

JACOBS, Circuit Judge:

Tristar Corporation ("Tristar") brought this action pursuant to section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover short-swing profits allegedly realized by defendants Ross A. Freitas and Carolyn Safer Kenner through the purchase and sale of securities of Ross Cosmetics Distribution Centers, Inc. ("Ross Cosmetics"), later renamed Tristar. On July 20, 1994, Tristar moved for summary judgment. As an affirmative...

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