Legal Opinion

Wolf Sales Co. v. Rudolph Wurlitzer Co.

District Court, D. Colorado

Decided June 25, 1952No. Civ. A. 2942PublishedCited by 24 opinions

1Opinion of the Court

KNOUS, District Judge.

This is an action for triple damages under the Sherman and Clayton Antitrust Acts.

As the third defense, the state statute of limitation, found in 1935 Colorado Statutes Annotated, chapter 102, section 9 (1), is pleaded. It provides:

“All actions upon a liability created by a federal statute other than for a forfeiture or penalty for which actions no period of limitations is provided in such statute shall be commenced within two years after the cause of action shall have accrued.”

The plaintiff has filed a motion to strike the defense of the statute on the ground that it…

2Cases cited27 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
  3. Campbell v. HaverhillSupreme Court of the United States · 1895
  4. Momand v. Universal Film Exchanges, Inc.Court of Appeals for the First Circuit · 1948
  5. Momand v. Universal Film Exchange, Inc.District Court, D. Massachusetts · 1942

22 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Wilson v. GarciaSupreme Court of the United States · 1985
  2. Trussell v. United Underwriters, Ltd.District Court, D. Colorado · 1964
  3. Fred A. ZUNIGA, Plaintiff-Appellant, v. AMFAC FOODS, INC., D/B/A Wilhelm Foods, Inc., Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1978
  4. Sun Theatre Corp. v. RKO Radio Pictures, Inc.Court of Appeals for the Seventh Circuit · 1954
  5. Electric Theater Co. v. Twentieth Century-Fox Film Corp.District Court, W.D. Missouri · 1953

19 more not listed; retrieve them via the Exa API.

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