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C.R.A. REALTY CORP. v. ENRON CORP.

No. 92 Civ. 7502 (MBM).

842 F.Supp. 88 (1994)

C.R.A. REALTY CORPORATION, Plaintiff, v. ENRON CORPORATION and Goldman, Sachs & Co., Defendants.

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

January 10, 1994.

Attorney(s) appearing for the Case

David Lopez, Southampton, NY, for plaintiff C.R.A. Realty Corp.

Joel M. Miller, Miller & Wrubel P.C., New York City, for defendant Goldman, Sachs & Co.

Gregory A. Markel, Orrick, Herrington & Sutcliffe, New York City, for defendant Enron Corp.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff C.R.A. Realty Corporation ("C.R.A.") sues to force disgorgement of short-swing profits under Section 16 of the Securities Exchange Act of 1934 (the "Act"), and Rule 16(b) thereunder. C.R.A. asserts that defendant Goldman, Sachs & Co. ("Goldman") misreported the day on which it became subject to Rule 16(b) as a beneficial holder of more than ten percent of the convertible preferred stock of defendant...

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