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EDITEK, INC. v. MORGAN CAPITAL, L.L.C.

No. 97-3400.

150 F.3d 830 (1998)

EDITEK, INC., Appellant, v. MORGAN CAPITAL, L.L.C.; Alex Bistricer; David Bistricer, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

Frank Alan Taylor, Minneapolis, MN, argued (Gregory J. Schaefer, Minneapolis, MN, on the brief), for Appellant.

Irwin Howard Warren, New York City, argued (Dennis J. Block and Michelle L. Roth, New York City, and George F. McGunnigle and Michael A.G. Korengold, Minneapolis, MN, on the brief), for Appellees.

Before RICHARD S. ARNOLD and FAGG, Circuit Judges, and BOGUE, District Judge.

FAGG, Circuit Judge.

Editek, Inc. brought this lawsuit against Morgan Capital, L.L.C. and its officers, Alex and David Bistricer (collectively Morgan Capital), under § 16(b) of the Securities Exchange Act of 1934 (the 1934 Act), 15 U.S.C. § 78p(b), to recover claimed short-swing profits. Section 16(b) applies only to corporate insiders: directors, officers, and beneficial owners of more than ten percent of a corporation's registered equity securities (ten...

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