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BRUH v. BESSEMER VENTURE PARTNERS III L.P.

Docket No. 05-5271-cv.

464 F.3d 202 (2006)

Marc BRUH, Plaintiff-Counter-Defendant-Appellant, v. BESSEMER VENTURE PARTNERS III L.P., Defendant-Counterclaimant-Appellee, Vistacare, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 13, 2006.

Attorney(s) appearing for the Case

Jeffrey S. Abraham (Mitchell M.Z. Twersky and Ximena Skovron, on the brief), Abraham Fruchter & Twersky, LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellant.

Vincent T. Chang (Frederick R. Kessler, on the brief), Wollmuth Maher & Deutsch LLP, New York, NY, for Defendant-Counterclaimant-Appellee.

Before McLAUGHLIN, CABRANES, Circuit Judges, and GLEESON, District Judge.

GLEESON, Judge.

Marc Bruh, a shareholder in VistaCare, Inc. ("VistaCare"), brought this action against Bessemer Venture Partners III, L.P. ("Bessemer"), pursuant to § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), seeking disgorgement of the profit Bessemer made when it sold shares of VistaCare common stock on May 13, 2003. The question presented on appeal is whether a stock reclassification — converting Bessemer's preferred stock...

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