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BRENNER v. JOHNSON

No. 69-C-410.

328 F.Supp. 149 (1971)

Donald BRENNER, v. Fred W. JOHNSON and Career Academy, Inc.

United States District Court, E. D. Wisconsin.

Supplemental Opinion June 15, 1971.

Attorney(s) appearing for the Case

Frank & Hiller, Milwaukee, Wis. (local counsel), Garwin & Bronzaft, New York City, for plaintiff.

David E. Beckwith and William J. Willis, Milwaukee, Wis., for Fred W. Johnson.

Godfrey & Kahn, Milwaukee, Wis., for Career Academy, Inc.

OPINION

TEHAN, Chief Judge.

The plaintiff in this action to recover short-swing profits pursuant to § 16(b)1 of the Securities Exchange Act of 1934 (15 U.S.C. § 78p(b)) has moved for summary judgment. The defendants agree that no genuine issue of material fact exists with respect to the issue of liability, asserting that the only question is a legal one — is the transaction...

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