Legal Opinion

Mt. Hood Stages, Inc., D/B/A Pacific Trailways v. The Greyhound Corporation and Greyhound Lines, Inc.

Court of Appeals for the Ninth Circuit

Decided September 7, 1978No. 74-1282PublishedCited by 7 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

Pursuant to mandate of the Supreme Court, Greyhound Corp. v. Mt. Hood Stages, Inc., - U.S. -, 98 S.Ct. 2370, 57 L.Ed.2d 239 (1978), this case has been remanded to us for resolution of appellee’s contention that the Clayton Act’s statute of limitations, 15 U.S.C. § 15b (1976 ed.), was tolled, under equitable principles.

We think it is appropriate to remand this case to the trial court to decide in the first instance whether the equitable tolling claim was raised at such a time and in such manner as to preserve that issue for decision by the trial court, and, if so,…

2Cases cited4 opinions

  1. Greyhound Corp. v. Mt. Hood Stages, Inc.Supreme Court of the United States · 1978
  2. Poloron Products, Inc. (With Substitution Applied for by Dynamark Corporation, Assignee) v. Lybrand Ross Bros. & Montgomery, and Third-Party v. Poloron Products of Indiana, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1976
  3. W. G. Nuelsen and Harriet M. Nuelsen v. L. C. SorensenCourt of Appeals for the Ninth Circuit · 1961
  4. United States v. FahrenkampCourt of Appeals for the Eighth Circuit · 1963

3Cited by7 opinions

  1. Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
  2. Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
  3. Twin City Sportservice, Inc. v. Charles O. Finley & Co.Court of Appeals for the Ninth Circuit · 1982
  4. Mt. Hood Stages, Inc., Doing Business as Pacific Trailways v. The Greyhound Corporation and Greyhound Lines, Inc.Court of Appeals for the Ninth Circuit · 1980
  5. Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life ActivistsCourt of Appeals for the Ninth Circuit · 2008

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