JAKE SHERMAN AND JENNIE SHERMAN, COPARTNERS, TRADING UNDER THE FIRM NAME OF LIVERNOIS AUTO PARTS, PLAINTIFFS-APPELLANTS,
v.
GOERLICH'S INC., AN OHIO CORPORATION, AND IRVING GRAND, AN INDIVIDUAL DOING BUSINESS AS GRAND SALES COMPANY, JOINTLY, SEVERALLY AND INDIVIDUALLY, DEFENDANTS-APPELLEES
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The court held that the plaintiff's suit was barred by the statute of limitations. The cause of action accrued before the statutory period expired.
Plaintiff filed suit for treble damages under the Sherman Anti-Trust Act, alleging violations of Sections 1 and 2. The defendants relied on the four-y…
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PER CURIAM.
This is a suit for treble damages claiming violations by defendants of the Sherman Anti-Trust Act, Title 15 U.S.C. §§ 1 and 2. Defendant relied upon Title 15 U.S.C. § 15b establishing a four-year period of limitation after “the cause of action accrued.”
After extensive pretrial discovery, the District Judge who heard this matter on motion for summary judgment found from the record that the cause of action accrued on or before March 1, 1955, and that suit was started April 26, 1960, and amended June 3, 1963; both dates being well beyond the four-year limitation mandated by Sec. 15b. He granted summary judgment for defendants.
We find no facts pled by plaintiff which serve to avoid the policy limitation imposed by Sec. 15b.
In all material respects this case is a companion case to Garelick v. Goerlich’s, Inc., 323 F. 2d 854 (C.A.6, 1963), and, as the District Judge held,1 is controlled by it.
Affirmed.
. In 238 F.Supp. 728, filed December 13, 1963, in the United States District Court for the Eastern District of Michigan, Southern Division.
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Citator
Cited By
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The Hanover Shoe, Inc. v. United Shoe Mach. Corp., 377 F.2d 776 (3d Cir. 1967)
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Meyer Braun v. Berenson, 432 F.2d 538 (5th Cir. 1970)
Authorities Cited
- Garelick v. Goerlich's, Inc., 323 F.2d 854 (6th Cir. 1963)