COHEN
v.
UNITED STATES

U.S. | 1952-03-03
No. 468
Mr. Justice Black is of the opinion certiorari should be granted.
342 U.S. 947 Supreme Court of the United States (1952) Positive Treatment
Cited by 13 cases

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Cited By (13 total)

  • …d. at 3280. [*746] This Court has previously held that a treble damage antitrust suit is most appropriately characterized as an action for a penalty. Hoskins Coal & Dock Corp. v. Truax Traer Coal Co., 191 F. 2d 912 (7th Cir.1951), certiorari denied, 342 U.S. 947, 72 S.Ct. 555, 96 L.Ed. 704 (1952) (this case subsequently became obsolete when Congress enacted a statute of limitations for civil antitrust actions).1 The treble damages provision in § 1964(c) is virtually identical to the damages provision in the…
  • …n Act are governed by the Illinois Statute of Limitations, Illinois Revised Statutes 1947, c. 83, § 15, and must be brought within two years after the right of action accrues. The Supreme Court denied certiorari in the Hoskins case on March 3, 1952, 342 U.S. 947, 72 S.Ct. 555, 96 L.Ed. 704. On December 15, 1952, the defendants filed a motion to amend their answer by filing a sixth defense that: “The several rights of action, if any, set forth in said amended complaint are barred by the statute of limitatio…
  • Sun Theatre Corp. v. Rko Radio Pictures, Inc., 213 F.2d 284 (7th Cir. 1954)
    …spired to establish a system of unreasonable clearances to the injury of plaintiff and prayed for treble damages. To avoid the consequences of our decisions in Hoskins Coal & Dock Co. v. Truax Traer Coal Co., 7 Cir., 191 F. 2d 912, certiorari denied 342 U.S. 947, 72 S.Ct. 555, 96 L.Ed. 704, and Schiffman Bros. v. Texas Co., 7 Cir., 196 F. 2d 695, that such an action is within the Illinois two year statute of limitations, counts III and IV were alternative in character, praying single damages on account of t…

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