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LEH v. GENERAL PETROLEUM CORPORATION

No. 18333.

330 F.2d 288 (1964)

Marc D. LEH, individually, and The Progress Company, a co-partnership comprised of Marc D. Leh and David Brown, co-partners, Appellants, v. GENERAL PETROLEUM CORPORATION, a corporation, Standard Oil Company of California, a corporation, Texaco, Inc., a corporation, Richfield Oil Corporation, a corporation, Union Oil Company of California, a corporation, Tidewater Oil Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

April 2, 1964.

Attorney(s) appearing for the Case

Richard D. Harris, Los Angeles, Cal., for appellants.

Paul E. Bermingham, New York City, J. Arthur Kelly, Howard Painter, Los Angeles, Cal., for appellee General Petroleum Corp.

Francis R. Kirkham, William E. Mussman, Thomas E. Haven and H. Helmut Loring, San Francisco, Cal., for appellee Standard Oil Co. of Cal.

Charles E. Beardsley, Los Angeles, Cal., and George W. Jansen, New York City, for appellee Texaco Inc.

William J. DeMartini, Los Angeles, Cal., for appellee Richfield Oil Corp.

Moses Lasky and Richard Haas, San Francisco, Cal., for appellee Union Oil Co. of Cal.

Edmund D. Buckley and Wayne H. Knight, Los Angeles, Cal., for appellee Tidewater Oil Co.

Before BARNES and JERTBERG, Circuit Judges, and BURKE, District Judge.

BARNES, Circuit Judge.

This is an appeal from a judgment of dismissal below, upon the sole ground the statute of limitations had run against The Progress Company on its cause of action against appellees, filed September 28, 1956. The action was for treble damages under Section 4 of the Clayton Act (15 U.S.C. § 15), arising from the alleged violation of Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1 and 2). Jurisdiction below rested on Section 1337...

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