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MORALES v. LIONEL CORP.

No. 74 Civ. 800.

439 F.Supp. 53 (1977)

Richard MORALES, Plaintiff, v. LIONEL CORPORATION and Ronald D. Saypol, Defendants.

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

July 20, 1977.

Attorney(s) appearing for the Case

David Lopez, New York City, for plaintiff.

Kaplan, Kilsheimer & Foley, New York City, for defendant Saypol.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for Lionel Corp.

MEMORANDUM ORDER

BRODERICK, District Judge.

Plaintiff's motion for summary judgment, in an action for recovery of short swing profits under § 16(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78p(b), presents the question of whether securities registered under the Securities Act of 1933 (the "Securities Act"), 15 U.S.C. § 77a et seq. are fungible for Section 16(b) purposes with like securities that are not...

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