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DUNGAN v. MORGAN DRIVE-AWAY, INC.

No. 76-2681.

570 F.2d 867 (1978)

J. M. DUNGAN, as Trustee for ABC Towing Service of Salinas, Inc., a bankrupt corporation, Plaintiff-Appellant, v. MORGAN DRIVE-AWAY, INC., National Trailer Convoy, Inc., and Transit Homes, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied February 28, 1978.

Attorney(s) appearing for the Case

No appearance for plaintiff-appellant.

No appearance for defendants-appellees.

Before HUFSTEDLER, SNEED and KENNEDY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 28, 1978.

SNEED, Circuit Judge:

Plaintiff-appellant Dungan, as Trustee for the ABC Towing Service of Salinas, Inc., a bankrupt corporation, instituted this private antitrust treble damage action on August 20, 1975. It is acknowledged that any such action accrued no later than April 23, 1969, the date ABC Towing Service of Salinas, Inc. filed its petition in bankruptcy. The cause of action, therefore, appears...

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