Fed. Sec. L. Rep. P 98,746 National Medical Enterprises, Inc., a Nevada Corporation v. Sherwin A. Small, National Medical Enterprises, Inc., a Nevada Corporation v. Paul F. Avard

680 F.2d 83 Fed. Sec. L. Rep. P 98,746 NATIONAL MEDICAL ENTERPRISES, INC., a Nevada corporation, Plaintiff/Appellee, v. Sherwin A. SMALL, Defendant/Appellant. NATIONAL MEDICAL ENTERPRISES, INC., a Nevada corporation, Plaintiff/Appellee, v. Paul F. AVARD, Defendant/Appellant. Nos. 81-5286, 81-5404. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1982. Decided June 25, 1982. Douglas L. Thorpe, Johnsen, Manfredi & Thorpe, P. C., Los Angeles, Cal., for Small and Avard. Daniel H. Lidman, Ervin, Cohen & Jessup, Beverly Hills, Cal., for National Medical, etc. Appeal from the United States District Court for the Central District of California. Before BROWNING, Chief Judge, and TANG and FARRIS, Circuit Judges. PER CURIAM: 1 National Medical Enterprises brought these actions in district court seeking to recover short-swing profits two of its officers earned on the purchase and sale of National Medical's securities. The claim was made pursuant to section 16(b) of the Securities and Exchange Act of 1934. 15 U.S.C. § 78p(b). Based on stipulated facts, the district court granted summary judgments in favor of National Medical Enterprises and determined…