Legal Opinion

Fed. Sec. L. Rep. P 92,683 John Bershad v. Bernard P. McDonough

Court of Appeals for the Seventh Circuit

Decided August 5, 1970No. 17810_1PublishedCited by 91 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

This appeal is from a summary judgment in favor of the plaintiff, a common stockholder in the Cudahy Company of Phoenix, Arizona. Plaintiff brought this action under Section 16(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78p(b)) to recover for Cudahy’s benefit the “short-swing” profits coming to defendant from his and his wife’s purchase and sale of 272,000 shares of Cudahy common stock.

On March 15 and 16, 1967, defendant Bernard P. McDonough and his wife Alma, who reside in Parkersburg, West Virginia, each purchased 141,368 shares of Cudahy common stock at…

2Cases cited20 opinions

  1. Tcherepnin v. KnightSupreme Court of the United States · 1967
  2. Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
  3. Leo Vine v. Beneficial Finance Company, Inc., and Charles H. Dowd, Stuart A. Wixson, George J. Springer, C. H. Donohue and Crown Finance Company, Inc.Court of Appeals for the Second Circuit · 1967
  4. Blau v. LehmanSupreme Court of the United States · 1962
  5. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943

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3Cited by91 opinions

  1. Kern County Land Co. v. Occidental Petroleum Corp.Supreme Court of the United States · 1973
  2. Reliance Electric Co. v. Emerson Electric Co.Supreme Court of the United States · 1972
  3. Foremost-McKeeson, Inc. v. Provident Securities Co.Supreme Court of the United States · 1976
  4. Mark Levy, Derivatively on Behalf of Immunogen Inc. v. Southbrook International Investments, Ltd. And Immunogen, Inc., Nominal-Defendant-AppelleeCourt of Appeals for the Second Circuit · 2001
  5. Citadel Holding Corp., a Delaware Corporation v. Alfred Roven American Underwriters, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1994

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