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HENNESEY v. FEIN

184 F.Supp. 86 (1958)

Dorothy HENNESEY, suing as a stockholder in the name and on behalf of Lanston Industries, Incorporated, Plaintiff, v. Bernard FEIN, Rosa B. Hirsh and Bernard Fein and Rosa B. Hirsh, as Trustees of the Fein Foundation and Lanston Industries, Incorporated, Defendants.

United States District Court S. D. New York.

November 13, 1958.

Attorney(s) appearing for the Case

Buchman & Buchman, New York City, Abraham Buchman and Rubin Huffman, New York City, of counsel, for defendant Fein.

Royall, Koegel, Harris & Caskey, New York City, for defendant Lanston Industries, Justin W. D'Atri, New York City, of counsel.

RYAN, Chief Judge.

Plaintiff in this stockholder's suit brought under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S. C.A. § 78p(b), has moved for summary judgment.

Defendant, Bernard Fein, against whom recovery is sought for short-swing profits, has also moved for summary judgment dismissing the complaint.

Fein was Chairman of the Board and President of Lanston Industries. His sister, Rosa B. Hirsh, and he constituted the Trustees...

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