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JAMMIES INTERN., INC. v. LAZARUS

No. 88 Civ. 0954 (MGC).

713 F.Supp. 83 (1989)

JAMMIES INTERNATIONAL, INC., Plaintiff, v. Charles LAZARUS and Toys "R" Us, Inc., Defendants.

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

May 5, 1989.

Attorney(s) appearing for the Case

Levy & Levy, New York City, by Morris J. Levy, for plaintiff.

Shea & Gould, New York City, by Martin Shelton and David G. Ebert, for defendant Charles Lazarus; Lepatner, Gainen & Block, New York City, by Robert A. Banner, for defendant Toys "R" Us, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CEDARBAUM, District Judge.

This is an action brought under section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover "short-swing profits" allegedly realized by defendant Charles Lazarus from his wife's sales and his purchase of common stock of Toys "R" Us, Inc. A one-day bench trial was held on May 1, 1989. Two witnesses testified in court. Plaintiff called Dr. Helen S. Kaplan Lazarus...

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