Legal Opinion

Fed. Sec. L. Rep. P 99,230 Tristar Corporation v. Ross A. Freitas and Carolyn Safer Kenner

Court of Appeals for the Second Circuit

Decided May 21, 1996No. 1305, Docket 95-7952PublishedCited by 20 opinions

1Opinion of the Court

JACOBS, Circuit Judge:

Tristar Corporation (“Tristar”) brought this action pursuant to section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover short-swing profits allegedly realized by defendants Ross A Freitas and Carolyn Safer Kenner through the purchase and sale of securities of Ross Cosmetics Distribution Centers, Inc. (“Ross Cosmetics”), later renamed Tristar. On July 20, 1994, Tristar moved for summary judgment. As an affirmative defense to that motion, the defendants, appearing pro se, contended that Tristar’s complaint was filed after the two-year period of…

2Cases cited6 opinions

  1. Kern County Land Co. v. Occidental Petroleum Corp.Supreme Court of the United States · 1973
  2. Tatum C. Singletary v. Continental Illinois National Bank and Trust Company of ChicagoCourt of Appeals for the Seventh Circuit · 1993
  3. Foremost-McKeeson, Inc. v. Provident Securities Co.Supreme Court of the United States · 1976
  4. Whittaker v. Whittaker Corp.Court of Appeals for the Ninth Circuit · 1981
  5. Floyd Benge and Jean Benge, and Gloria Springer, as Guardian, Next Friend and Custodial Parent of Travis Benge, a Minor v. United StatesCourt of Appeals for the Tenth Circuit · 1994

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3Cited by20 opinions

  1. Harper v. ErcoleCourt of Appeals for the Second Circuit · 2011
  2. Steel Partners Ii, L.P., Plaintiff-Counter-Defendant-Appellant v. Bell Industries, Inc., Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2002
  3. Hussein M. Haekal v. Refco, Inc. And Ronald Von Neefe, Defendants-Respondents, U.S. Commodity Futures Trading CommissionCourt of Appeals for the Second Circuit · 1999
  4. Payne v. DeLucaDistrict Court, W.D. Pennsylvania · 2006
  5. In Re Keithley Instruments, Inc., Derivative LitigationDistrict Court, N.D. Ohio · 2008

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