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FITZGERALD v. GENERAL DAIRIES, INC.

No. 77-1634.

590 F.2d 874 (1979)

Sherman S. FITZGERALD, Appellant, v. GENERAL DAIRIES, INC., d/b/a Hi-Land Dairy, Federated Dairy Farms, Inc., d/b/a Cream-O-Weber Dairy, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 22, 1979.

Attorney(s) appearing for the Case

David R. Irvine and Alan L. Smith, of Irvine, Smith & Mabey, Salt Lake City, Utah, for appellant.

Christopher L. Burton of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, for appellees.

Before SETH, Chief Judge, and BREITENSTEIN, Circuit Judge, and STANLEY, District Judge.

SETH, Chief Judge.

This is an appeal by the plaintiff from the granting of summary judgment for defendants in a Sherman Act and Robinson-Patman Act antitrust case. The defendants' motion for summary judgment asserted that the period of limitations in 15 U.S.C. § 15b had run on the incidents and events alleged in plaintiff's complaint and amended complaint.

The trial court concluded that plaintiff's cause of action accrued before "early 1971," and thus...

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