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SECURITIES AND EXCHANGE COMMISSION v. SHAPIRO

No. 72 Civ. 269.

349 F.Supp. 46 (1972)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Harris A. SHAPIRO et al., Defendants.

United States District Court, S. D. New York.

September 28, 1972.

Attorney(s) appearing for the Case

Kevin Thomas Duffy, Regional Administrator, Securities and Exchange Comm., New York City, for plaintiff; William D. Moran, Paul Chernis, and Stephen D. Oestreich, New York City, of counsel.

Monasch & Chazen, New York City, for defendant Harris A. Shapiro; Hartley J. Chazen and David M. Waldman, New York City, of counsel.

Shea, Gould, Climenko & Kramer, New York City, for defendant Norman Berman; Milton S. Gould, Ronald H. Alenstein and Robert Gold, New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is an action, brought by the Securities and Exchange Commission ("S. E.C.") under Section 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5 of the S.E.C., for an injunction permanently enjoining defendants from violations of the Act and for an order directing defendants to disgorge any profits realized by them from alleged non-public insider transactions in stock of Harvey's Stores, Inc....

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