Judith S. Feder v. Martin Marietta Corporation and Sperry Rand Corporation

WATERMAN, Circuit Judge:

Plaintiff-appellant, a stockholder of the Sperry Rand Corporation (“Sperry”) after having made the requisite demand upon Sperry which was not complied with, commenced this action pursuant to § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) (1964), to recover for Sperry “short-swing” profits realized upon Sperry stock purchases and sales by the Martin Marietta Corporation (“Martin”). 1 Plaintiff alleged that George M. Bunker, the President and Chief Executive of Martin Marietta, was deputized by, or represented, Martin Marietta when he served as a…