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WHITING v. DOW CHEMICAL COMPANY

No. 74 Civ. 1867.

386 F.Supp. 1130 (1974)

Macauley WHITING, Plaintiff, v. DOW CHEMICAL COMPANY, Defendant.

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

December 24, 1974.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for plaintiff; Russel H. Beatie, Jr., Brendan P. Bovaird, New York City, of counsel.

Wilmer, Cutler & Pickering, Washington, D. C., Poletti Freidin Prashker Feldman & Gartner, New York City, for defendant; Arthur F. Mathews, Stephen F. Black, Washington, D. C., Paul R. Grand, New York City, of counsel.

ROBERT J. WARD, District Judge.

Plaintiff Macauley Whiting brings this action pursuant to Section 16(b) of the Securities Exchange Act of 1934 ("§ 16(b)" of "the Exchange Act"), 15 U.S.C. § 78p(b), and 28 U.S.C. § 2201, seeking a declaratory judgment that he is not liable to defendant Dow Chemical Company ("Dow") for profits allegedly realized upon certain sales and purchases of Dow stock in September, November and December of 1973. Dow counterclaims...

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