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BLAU v. HODGKINSON

100 F.Supp. 361 (1951)

BLAU et al. v. HODGKINSON et al.

United States District Court S. D. New York.

August 3, 1951.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff.

Cleary, Gottlieb, Friendly & Hamilton, New York City, (Henry J. Friendly, New York City, of counsel), for defendants.

Roger S. Foster, Gen. Counsel, Manuel F. Cohen, Special Counsel, Division of Corp. Finance, Meyer Feldman, and Herbert Schick, all of Washington, D. C., for Securities and Exchange Commission as amicus curiae.

LEIBELL, District Judge.

Both plaintiff and defendants have moved for a summary judgment. Plaintiff's claim is based on § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b).1 The Securities and Exchange Commission has filed a brief amicus curiae.

The defendants' notice of motion under Rule 56 Fed.Rules Civ.Proc. 28 U.S.C.A. asks the Court:

"1. To enter summary judgment in favor of defendants Harold...

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