Legal Opinion
Dottenheim v. Emerson Electric Mfg. Co.
District Court, E.D. New York
Decided January 29, 1947No. C-7072PublishedCited by 15 opinions
1Opinion of the Court
INCH, District Judge.
Defendant moves, under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S. *196C.A. following Section 723c, to dismiss the complaint herein for its failure to set forth a claim upon which relief can be granted.
Section 16(b), of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b), provides, in relevant substance, that an officer of a corporation may not malee a profit out of short term dealings in a security of his corporation. Any profit realized in violation of this provision may be recovered in a suit by the corporation or by any stockholder in the name of the…
2Cases cited2 opinions
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
3Cited by15 opinions
- Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
- Isadore Blau and Morris J. Levy v. Rayette-Faberge, Inc.Court of Appeals for the Second Circuit · 1968
- Jerome L. Gilson and Morris J. Levy v. Chock Full O'Nuts CorporationCourt of Appeals for the Second Circuit · 1964
- In Re Penn Central Securities LitigationDistrict Court, E.D. Pennsylvania · 1976
- Globus, Inc. v. JaroffDistrict Court, S.D. New York · 1968
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