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WAGMAN v. ASTLE

No. 70 Civ. 3300.

380 F.Supp. 497 (1974)

Beatrice Mamet WAGMAN, Plaintiff, v. Henry T. ASTLE et al., Defendants.

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

August 30, 1974.

Attorney(s) appearing for the Case

Samuel Kaufman, New York City, for plaintiff; Bertram Bronzaft, New York City, of counsel.

Dunnington, Bartholow & Miller, New York City, for defendants Henry T. Astle, D. M. Wolcott and William E. Richards; William M. Bradner, Jr., James N. Deinlein, New York City, of counsel.

Lord, Day & Lord, New York City, for defendant Dome Petroleum, Ltd.; Michael J. Murphy, New York City, of counsel.

Securities and Exchange Commission, Washington, D. C., amicus curiae; Paul Gonson, Michael A. Macchiaroli, Washington, D. C., of counsel.

OPINION

ROBERT J. WARD, District Judge.

This case, before the Court on cross-motions for summary judgment with stipulated facts, presents hitherto undecided questions concerning the extraterritorial application of the Securities Exchange Act of 1934, 15 U.S.C. § 78a ("the Exchange Act"), and in particular, of § 16(b) of that Act, 15 U.S.C. § 78p(b). The facts can be very briefly stated.

Plaintiff, a holder of ten shares of Dome Petroleum...

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