Legal Opinion

Morales v. Gould Investors Trust

District Court, S.D. New York

Decided December 2, 1977No. 76 Civ. 2927-CSHPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is an action brought by an individual shareholder of Gould Investors Trust (the “Trust”) on its behalf (although the Trust is a nominal defendant) against three individuals for profits allegedly realized in short-swing sales and purchases in violation of Section 16(b) of the Securities Exchange Act of 1934 (the “Act”), 15 U.S.C. § 78p(b). The Trust is joined as a defendant because of its failure to bring this action upon plaintiff’s demand. There being no dispute as to the facts in this action, both sides have moved for summary judgment…

2Cases cited31 opinions

  1. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  2. Board of Comm'rs of Jackson Cty. v. United StatesSupreme Court of the United States · 1939
  3. Blau v. LehmanSupreme Court of the United States · 1962
  4. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
  5. Kern County Land Co. v. Occidental Petroleum Corp.Supreme Court of the United States · 1973

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3Cited by15 opinions

  1. Fed. Sec. L. Rep. P 97,346 Robert L. Alley, Cross-Appellee v. Louis Miramon, Jr., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1980
  2. Whittaker v. Whittaker Corp.Court of Appeals for the Ninth Circuit · 1981
  3. Tyco Laboratories, Inc. v. Cutler-Hammer, Inc.District Court, S.D. New York · 1980
  4. Lewis v. BradleyDistrict Court, S.D. New York · 1984
  5. Sprague Electric Co. v. Mostee Corp.District Court, N.D. Texas · 1980

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