Ellingson Timber Company v. Great Northern Railway Company, a Corporation, and Western Pacific Railroadcompany, a Corporation

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. § 15b); and, second, that the district court lacked subject matter jurisdiction because the matter complained of had been litigated before the Interstate Commerce…