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HOSKINS COAL & DOCK CORP. v. TRUAX TRAER COAL CO.

No. 10412.

191 F.2d 912 (1951)

HOSKINS COAL & DOCK CORP. v. TRUAX TRAER COAL CO. et al.

United States Court of Appeals Seventh Circuit.

October 17, 1951.

Attorney(s) appearing for the Case

Earle E. Ewins, Edward S. Price, Chicago, Ill. (Musgrave, Ewins, Price & Notz, Chicago, Ill., of counsel), for appellant.

Weymouth Kirkland, Howard Ellis, and A. L. Hodson, all of Chicago, Ill. (Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill., of counsel), for United Electric Coal Companies.

Harold A. Smith, Thomas A. Reynolds and Robert Tieken, all of Chicago, Ill. (Winston, Strawn, Shaw & Black, Chicago, Ill., of counsel), for defendant Truax-Traer Coal Co.

Before DUFFY, L I N D L E Y and SWAIM, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff sought to recover treble damages under Section 4 of the Clayton Act, Title 15 U.S.C.A. § 15. Defendants moved to dismiss the complaint upon the ground, amongst others, that, inasmuch as the cause of action asserted had arisen in Illinois, "more than two years prior to the commencement of the action" it was barred by the Illinois statute. Ill.Rev.Stat.1947, Chap. 83, § 15. The court allowed the motion and entered judgment...

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