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EPSTEIN v. SHINDLER

200 F.Supp. 836 (1961)

Jules EPSTEIN, a stockholder of United States Glass & Chemical Corporation, suing in behalf of himself and all of the stockholders similarly situated and in behalf of and in the right of United States Glass & Chemical Corporation, Plaintiff, v. David L. SHINDLER, Joseph Abrams, Charles Gordon, John Gold, William Freiman, Alfred W. Owen, Harold Antin, Bostwick Westbury Corp., Superior Minerals Company, Jack Yetman, Albert Hayutin, Lester Maslin, Leonard James, Nationwide Holdings, Inc., Standard Development Corporation and other persons whose names are presently not known to the plaintiff, jointly and severally, Defendants.

United States District Court S. D. New York.

November 27, 1961.

Attorney(s) appearing for the Case

Landis, Feldman, Reilly & Akers, New York City, Henry O. Leichter, New York City, of counsel, for plaintiff.

Weisman, Celler, Allan, Spett & Sheinberg, New York City, Harry I. Rand, David Jaffe, New York City, of counsel, for administrator.

McGOHEY, District Judge.

The question presented on this motion is whether the statutory action under section 16(b) of the Securities Exchange Act, 15 U.S.C.A. § 78p(b), abates upon the death of a defendant.

The plaintiff, a stockholder, brought this action under section 16(b) for the recovery on behalf of United States Glass & Chemical Corporation of short term profits from the purchase and sale of that corporation's securities by "insiders." One...

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