Earl W. Green v. H. L. Wilkinson and U.S. Chewing Gum Mfg. Co.

This appeal from a judgment of dismissal presents only the question whether an action for three-fold damages under the Federal anti-trust statutes, 15 U.S.C.A. §§ 1 and 15, is barred by the Texas two-year statute of limitations or the four-year statute, Vernon’s Ann.Civ. St. arts. 5526, 5529. Holding that it was controlled by the two-year statute relating to actions for debt not evidenced by a written contract, the trial court dismissed the complaint as filed beyond the statutory period.

Appellant relies with confidence on Jones & Co. v. West Publishing Co., 5 Cir., 270 F. 563, in which this…