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DeLAUGHTER v. BORDEN COMPANY

No. 22342.

364 F.2d 624 (1966)

Clyde DeLAUGHTER, d/b/a Bogalusa Dairy Products, Appellant, v. The BORDEN COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 23, 1966.

Attorney(s) appearing for the Case

Richard F. Knight, Bogalusa, La., for appellant.

Richard B. Montgomery, Jr., New Orleans, La., Richard J. Flynn, Washington, D. C., Joseph A. Greaves, George W. McBurney, Stuart S. Ball, Chicago, Ill., for appellee. Montgomery, Barnett, Brown & Read, New Orleans, La., Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel.

Before JONES and GEWIN, Circuit Judges, and HUNTER, District Judge.

GEWIN, Circuit Judge:

In a state antitrust action for treble damages allegedly resulting from appellee's (defendant) violation of the Louisiana Orderly Milk Marketing Act, removed to the United States District Court for the Eastern District of Louisiana on the basis of diverse citizenship, 28 U.S.C. § 1332, the court held that appellant's (plaintiff) cause of action had prescribed under the one-year provision of the Louisiana Civil Code, Article 3536 and granted...

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