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ROTHENBERG v. SILBERMAN

No. 67 Civ. 3038.

278 F.Supp. 116 (1968)

Rose ROTHENBERG, Plaintiff, v. Richard T. SILBERMAN et al., Defendants.

United States District Court S. D. New York.

January 10, 1968.

Attorney(s) appearing for the Case

Kaufman, Taylor, Kimmel & Miller, New York City, for plaintiff, Stanley L. Kaufman, and Shephard S. Miller, New York City, of counsel.

Chadbourne, Parke, Whiteside & Wolff, New York City, for defendants, Robert A. Howes, Edward C. McLean, Jr., and Howard S. Sussman, New York City, of counsel.

MANSFIELD, District Judge.

In this stockholders' suit pursuant to § 27 of the Securities Exchange Act of 1934 for recovery of "short-swing" profits allegedly realized by defendants through purchase and sale of 331,500 shares1 of the stock of Foodmaker, Inc. ("Corporation" herein) within six months in violation of § 16(b)2 (15 U.S.C. § 78p(b)), defendants move to dismiss the complaint pursuant...

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