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GREEN v. WILKINSON

No. 15903.

234 F.2d 120 (1956)

Earl W. GREEN, Appellant, v. H. L. WILKINSON and U. S. Chewing Gum Mfg. Co., Appellees.

United States Court of Appeals Fifth Circuit.

May 31, 1956.

Attorney(s) appearing for the Case

Steve Latham, Sam B. Spence, Anderson & Latham, Wichita, Falls, Tex., for appellant.

Leon B. Douglas, Austin, Lee Sellers, Nelson, Montgomery, Robertson & Sellers, Wichita Falls, Tex., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

PER CURIAM.

This appeal from a judgment of dismissal presents only the question whether an action for three-fold damages under the Federal anti-trust statutes, 15 U.S.C.A. §§ 1 and 15, is barred by the Texas two-year statute of limitations or the four-year statute, Vernon's Ann.Civ. St. arts. 5526, 5529. Holding that it was controlled by the two-year statute relating to actions for debt not evidenced by a written contract, the trial court dismissed the complaint...

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