MEMORANDUM OPINION AND ORDER
HAIGHT, Senior District Judge:
Plaintiff Richard Morales brings this action pursuant to section 16(b) of the Securities Exchange Act of 1934 (hereinafter the "1934 Act"), 15 U.S.C. § 78p(b), seeking disgorgement of alleged short-swing profits earned in transactions involving Class B cumulative convertible preferred stock ("B convertible") of New Valley Corporation ("New Valley"). Defendants Harry Freund and Jay Goldsmith...
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