General Corp. v. General Motors Corp.

DONOVAN, District Judge.

Plaintiff commenced an action for treble damages against the defendant, based on violation of the Sherman Anti-Trust Act.1 Counsel agree that in private suits under the anti-trust laws, where Congress is silent on limitation of time to commence suit, the period within which actions under such statute must be instituted is governed by local law.2

Defendant, by answer, pleads the Minnesota Statute of Limitations.3 Plaintiff is now before the Court seeking to strike that defense. Counsel disagree on whether the Minnesota two-year, or six-year, limit should govern.

The basic…