United States Second Circuit

Under 16(b) of the Securities Exchange Act of 1934, three shareholders who agree not to sell their shares without consent of the others can be considered a single "person" for determining whether they are liable for short swing trading.

Appellate Information

• Decided 05/02/2001
• Published 05/03/2001

Judges

• CARDAMONE, Circuit Judge:, Before:  CARDAMONE, JACOBS, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David Lopez, Southampton, NY, (Albert D. Barnes, Southampton, NY, of counsel), for Plaintiff-Appellant., Allan A. Capute, Washington, DC, (David M. Becker, Eric Summergrad, Meyer Eisenberg, Securities and Exchange Commission, Washington, DC, of counsel), filed a brief for the Securities and Exchange Commission, Amicus Curiae, in support of appellant.


• For Appellees:
  
• Bruce E. Clark, New York, NY, (Mark E. Coyne, Sullivan & Cromwell, New York, NY, of counsel), for Defendant-Appellee Peter Stolz.