The opinion of the court was delivered by: Sullivan, District Judge.
This is an action for treble damages under the Sherman
Anti-Trust Act, 15 U.S.C.A. §§ 1-7, 15 note, and the Clayton Act,
15 U.S.C.A. § 12 et seq. Defendants have filed their motions for
summary judgment based upon their contention that the plaintiff's
cause of action is barred by Section 14 of the Illinois Act in
regard to limitations, Ill.Rev.Stat. 1951, Ch. 83, par. 15, which
provides, in part, that "Actions * * * for a statutory penalty *
* * shall be commenced within two years next after the cause of
Plaintiffs oppose the motions on the ground that the Illinois
Limitations Act is not applicable. It is their contention that
the Rules of Decision Act, 28 U.S.C.A. § 1652, has no
applicability to this suit and the Court is free to hold that
there is no applicable statute of limitations, or that the Court
will, as a matter of federal decisional law, adopt the five year
period of limitations of the Federal limitations act, 28 U.S.C.A.
§ 2462, on civil penalties to govern this action.
The argument advanced by plaintiffs had been adjudicated
against plaintiffs' contentions in two recent cases decided in
this circuit: Hoskins Coal & Dock Corp. v. Truax Traer Coal Co.,
7 Cir., 1951, 191 F.2d 912 and Schiffman Bros., Inc., v. Texas
Co., 7 Cir., 1952, 196 F.2d 695. These cases hold that the
Illinois two year statute of limitations, upon which defendants,
rely, does apply to actions brought in this forum for treble
damages under the antitrust laws. This identical question was
recently presented to Judge Michael L. Igoe in Natley
Enterprises, Inc., v. Loew's, Incorporated, No. 51C1039. Judge
Igoe ruled that defendants' motion for summary judgment be
allowed. The United States Court of Appeals dismissed the appeals
Motion for summary judgment granted. The Illinois two year
statute of limitations is applicable to actions for treble
damages under the antitrust laws. Plaintiffs' cause of action is
barred by Illinois statute.
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