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H. J. JAEGER RESEARCH LABORATORIES v. RADIO CORPORATION

No. 6271.

90 F.2d 826 (1937)

H. J. JAEGER RESEARCH LABORATORIES, Inc., v. RADIO CORPORATION OF AMERICA.

Circuit Court of Appeals, Third Circuit.

June 10, 1937.

Attorney(s) appearing for the Case

Hollander, Leichter & Klotz, of Union City, N. J. (Samuel F. Frank, of New York City, Edward Hollander, of Union City, N. J., and Edwin P. Gordon, of New York City, of counsel), for appellant.

Thurlow M. Gordon and Manton Davis, both of New York City, Thomas G. Haight and George G. Tennant, Jr., both of Jersey City, N. J., and Joseph V. Heffernan, of New York City, for appellee.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case, an action to recover damages for violation, by the defendant, of the Sherman Anti-Trust Act (15 U.S.C.A. §§ 1-7, 15 note) the decisive factor is the several years' delay of the plaintiff in bringing this suit. In point of fact, such suit was not brought for over eight years, and the question is whether it was barred by the New Jersey statute of limitations (3 Comp. St.N.J.1910, p. 3162 § 1). The question arises...

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