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STELLA v. GRAHAM-PAIGE MOTORS CORP.

104 F.Supp. 957 (1952)

STELLA v. GRAHAM-PAIGE MOTORS CORP. et ano.

United States District Court S.D. New York.

May 13, 1952.

Attorney(s) appearing for the Case

Lewis M. Dabney, Jr., and Anderson & Carew, New York City, Murray C. Bernays, New York City, of counsel, for plaintiff.

Garey & Garey, New York City, William Francis Corson, William Helfer, and Edward T. Perry, New York City, of counsel, for defendant Graham-Paige Motors Corp.

Roger S. Foster, Washington, D. C., Myer Feldman, Washington, D. C., of counsel, for Securities and Exchange Commission, amicus curiae.

SAMUEL H. KAUFMAN, District Judge.

Plaintiff, a stockholder of Kaiser-Frazer Corporation, sues Graham-Paige Motors Corporation to recover profits realized by said defendant upon the purchase and sale within less than six months of 155,000 shares of Kaiser-Frazer stock (§ 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b)), and said defendant moves for summary judgment or for judgment on the pleadings.

The complaint, filed on July...

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