Legal Opinion

Falco v. Donner Foundation, Inc.

Court of Appeals for the Second Circuit

Decided December 8, 1953No. 22756_1PublishedCited by 22 opinions

1Opinion of the Court

CLARK, Circuit Judge.

These appeals arise from an action by Renzo Falco, stockholder, to recover alleged insider short-swing profits under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), realized from purchase and sale of securities of the nominal defendant Pittsburgh Steel Company by defendant Donner Foundation, Inc.

On January 13, 1951, the beginning of the period covered by the complaint, Donner owned more than 10 per cent of Pittsburgh’s Class A preferred stock. Throughout the period Donner was increasing its holdings in this stock and made a number of purchases at…

2Cases cited5 opinions

  1. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
  2. Gratz v. ClaughtonCourt of Appeals for the Second Circuit · 1951
  3. Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
  4. Goldstein v. GroesbeckCourt of Appeals for the Second Circuit · 1944
  5. Shaw v. DreyfusCourt of Appeals for the Second Circuit · 1949

3Cited by22 opinions

  1. Blau v. Mission Corp.Court of Appeals for the Second Circuit · 1954
  2. Isadore Blau v. Max Factor & CompanyCourt of Appeals for the Ninth Circuit · 1965
  3. Blau v. OgsburyCourt of Appeals for the Second Circuit · 1954
  4. Heli-Coil Corporation v. Reginald WebsterCourt of Appeals for the Third Circuit · 1965
  5. Adler v. KlawansCourt of Appeals for the Second Circuit · 1959

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