Legal Opinion

Perlman v. Timberlake

District Court, S.D. New York

Decided March 26, 1959PublishedCited by 21 opinions

1Opinion of the Court

RYAN, District Judge.

In this suit filed under Section 16(b) of the Securities Exchange Act of 1934, (15 U.S.C.A. § 78p(b)) to recover short-swing profits all parties have moved for summary judgment.

The claim pleaded is that defendant Timberlake, while a director of corporate defendant Jones & Laughlin (J & L), between April 1, 1957 and July 16, 1957 sold 1,800 shares and bought under a restricted stock option plan 2,500 shares of J & L common stock at a statutory profit of $56,132.74, measured against the shares sold.

The answers of both defendants admit the transactions alleged — the sale and…

2Cases cited47 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Eisner v. MacOmberSupreme Court of the United States · 1920
  3. National Broadcasting Co. v. United StatesSupreme Court of the United States · 1943
  4. Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
  5. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895

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3Cited by21 opinions

  1. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Jack BobkerCourt of Appeals for the Second Circuit · 1986
  2. United States v. Marce BellCourt of Appeals for the Second Circuit · 1975
  3. Judith S. Feder v. Martin Marietta Corporation and Sperry Rand CorporationCourt of Appeals for the Second Circuit · 1969
  4. Henry O. Boyd, Sr. v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1977
  5. Rheem Manufacturing Company, a Corporation v. R. S. Rheem, Ann J. Mathes, IntervenorCourt of Appeals for the Ninth Circuit · 1961

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