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SILVERMAN v. RE

Civ. A. No. 2084.

194 F.Supp. 540 (1961)

Bertha SILVERMAN, suing as a stockholder in the Name and in behalf of Exquisite Form Industries, Inc. and Exquisite Form Industries, Inc., Plaintiffs, v. Gerard A. RE, Gerard F. Re, individually and as partners and/or joint venturers in Re, Re & Sangarese, Defendants.

United States District Court S. D. New York.

February 27, 1961.

Attorney(s) appearing for the Case

Rosenfeld & Silverman, New York City, for plaintiff.

Mitchell, Barker & Cohen, New York City, for defendants Re & Re.

Manning, Hollinger & Shea, New York City, Ralph L. Ellis, New York City, of counsel, for defendant Rokeach.

EDELSTEIN, District Judge.

This is an action under § 16(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78p(b), 15 U.S.C.A. § 78p(b), to recover short swing profits.1 Plaintiff is the beneficial owner of ten shares of the Class "A" common stock of the corporate defendant Rokeach. The corporation, to which the recovery runs, was named as a nominal party defendant. Whether this procedural step is required because...

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