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ELLINGSON TIMBER CO. v. GREAT NORTHERN RAILWAY CO.

No. 23362.

424 F.2d 497 (1970)

ELLINGSON TIMBER COMPANY, Plaintiff-Appellant, v. GREAT NORTHERN RAILWAY COMPANY, a corporation, and Western Pacific Railroad Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 21, 1970.

Attorney(s) appearing for the Case

Roger Tilbury (argued), Portland, Or., for appellant.

Cleveland C. Cory (argued), Walter J. Cosgrave (argued), of Maguire, Kester & Cosgrave, Hugh L. Biggs, of

Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for appellees.

Before HAMLEY and BROWNING, Circuit Judges, and BYRNE District Judge.

PER CURIAM:

Plaintiff-appellant operated a lumber mill at Klamath Falls, Oregon. Defendants-appellees transported logs to plaintiff's mill and reshipped the finished lumber to various markets.

Plaintiff filed this suit to recover treble damages for alleged violations of the Sherman Act, 15 U.S.C. §§ 1, 2, 15. Defendants pleaded two affirmative defenses: first, that the action was barred by the four-year statute of limitations (15 U.S.C.A. §...

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