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WOLF SALES CO. v. RUDOLPH WURLITZER CO.

Civ. A. No. 2942.

105 F.Supp. 506 (1952)

WOLF SALES CO. v. RUDOLPH WURLITZER CO.

United States District Court D. Colorado.

June 25, 1952.

Attorney(s) appearing for the Case

Louis G. Isaacson and William H. Burnett, Denver, Colo., for plaintiff.

Lewis, Grant, Newton, Davis & Henry, Denver, Colo., for defendant.

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...

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