Legal Opinion
Rothenberg v. Silberman
District Court, S.D. New York
Decided January 10, 1968No. 67 Civ. 3038PublishedCited by 4 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In this stockholders’ suit pursuant to § 27 of the Securities Exchange Act of 1934 for recovery of “short-swing” profits allegedly realized by defendants through purchase and sale of 331,500 shares 1 of the stock of Food-maker, Inc. (“Corporation” herein) within six months in violation of § 16(b) 2 (15 U.S.C. § 78p(b)), defendants move to dismiss the complaint pursuant to Rule 12(b) (2) and (3), F.R.Civ.P., on the ground that venue in the Southern District of New York is improper or, in the alternative, for transfer to the United States District Court for the…
2Cases cited19 opinions
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
- Perry O. Hooper, as Trustee in Bankruptcy of Consolidated American Industries, Inc. v. Mountain States Securities CorporationCourt of Appeals for the Fifth Circuit · 1960
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Gratz v. ClaughtonCourt of Appeals for the Second Circuit · 1951
- David B. Dale v. Henry P. Rosenfeld, Doing Business Under the Firm Name and Style of Henry P. Rosenfeld Co., Samson Wallach and Abraham S. GechtmanCourt of Appeals for the Second Circuit · 1956
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3Cited by4 opinions
- Fogel v. WolfgangDistrict Court, S.D. New York · 1969
- Allis-Chalmers Manufacturing Co. v. Gulf & Western Industries, Inc.District Court, E.D. Wisconsin · 1970
- Blau v. Tool Research & Engineering Corp.District Court, S.D. New York · 1971
- A+ Network, Inc. v. ShapiroDistrict Court, M.D. Tennessee · 1997