MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
Brunswick Corporation ("Brunswick") stockholder David Colan ("Colan") sues Brunswick and Gulf & Western Industries, Inc. ("Gulf & Western") in a stockholder derivative action under Securities Exchange Act of 1934 § 16(b), 15 U.S.C. § 78p(b). Because it claims it derived no short-swing profits from its sale of the Brunswick common stock referred to in the Complaint, Gulf & Western...
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