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BLAU v. LAMB

191 F.Supp. 906 (1961)

Isadore BLAU, a stockholder of Air-Way Industries, Inc., suing on behalf of himself and all other stockholders similarly situated and on behalf of and in the right of Air-Way Industries, Inc., Plaintiff, v. Edward LAMB, Frank C. Oswald, Edward Lamb Enterprises, Inc., Edward Lamb Foundation, Inc., and Air-Way Industries, Inc., Defendants.

United States District Court S. D. New York.

March 6, 1961.

Attorney(s) appearing for the Case

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

Stember & Dershowitz, New York City, for defendants.

MacMAHON, District Judge.

This is an action to recover shortswing profits under Section 16(b), Securities Exchange Act of 1934, 15 U.S. C.A. § 78p(b). Plaintiff served interrogatories seeking information subsequent to the date of the complaint and moves to supplement the complaint on the ground that he is entitled to recover damages until the present time. Defendants move to vacate the interrogatories contending that plaintiff is barred by the statute from asserting...

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