Green v. Wilkinson

ALLRED, District Judge.

Action under the Clayton Act for treble damages and attorneys fees,1 2filed March 19, 1954. Originally dismissed as to the Chewing Gum Company on the ground that such defendant was not “found” or doing business in this district, the holding was reversed.2

Defendants now move to dismiss on the ground that the action is barred by Article 5526, subsection 4, Vernon’s Texas Civil Statutes, providing that “Actions for debt where the indebtedness is not evidenced by a contract in writing” shall be commenced within two years. The complaint alleges an unlawful agreement on the…