Merton Shapiro v. Paramount Film Distributing Corporation

In this private treble damage action under the federal anti-trust laws, among other things, the defendants pleaded the statute of limitations as an affirmative defense. On October 5, 1959, in its pretrial order, the district court held that the Pennsylvania six year statute of limitations, 12 P.S. § 31, for actions on the case applied to all defendants except Fox Philadelphia Building, Inc. The court further said that: “This order involves a controlling question of law as to which there is substantial ground for a difference of opinion and an immediate appeal from the order may materially…