MT. HOOD STAGES, INC., D/B/A PACIFIC TRAILWAYS, PLAINTIFF-APPELLEE,
v.
THE GREYHOUND CORPORATION AND GREYHOUND LINES, INC., DEFENDANTS-APPELLANTS
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The court held that the case should be remanded to the trial court to determine if the statute of limitations was equitably tolled.
This case was remanded by the Supreme Court for resolution of the appellee's contention that the Clayton Act's statute of limitations was tolled under…
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BROWNING, Circuit Judge.
Pursuant to mandate of the Supreme Court, Greyhound Corp. v. Mt. Hood Stages, Inc., - U.S. -, 98 S.Ct. 2370, 57 L.Ed.2d 239 (1978), this case has been remanded to us for resolution of appellee’s contention that the Clayton Act’s statute of limitations, 15 U.S.C. § 15b (1976 ed.), was tolled, under equitable principles.
We think it is appropriate to remand this case to the trial court to decide in the first instance whether the equitable tolling claim was raised at such a time and in such manner as to preserve that issue for decision by the trial court, and, if so, whether the statute of limitations was in fact equitably tolled. Cf. Poloron Products, Inc. v. Lybrand Ross Bros. & Montgomery, 534 F. 2d 1012, 1018 (2d Cir. 1976); United States v. Fahrenkamp, 312 F. 2d 627, 632 (8th Cir. 1963); Nuelsen v. Sorensen, 293 F. 2d 454, 462 (9th Cir. 1961).
Both issues turn in large part upon questions of fact. Remand for consideration by the trial judge, who is fully familiar with the facts, should not occasion undue delay. Any appeal can be expedited.
Remanded..
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Twin City Sportservice, Inc. v. Charles O. Finley & Co., Inc., 676 F.2d 1291 (9th Cir. 1982)
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MT. Hood Stages, Inc. v. The Greyhound Corp. & Greyhound Lines, Inc., 616 F.2d 394 (9th Cir. 1980)
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Emrich v. Touche Ross & Co., 846 F.2d 1190 (9th Cir. 1988)
Authorities Cited
- Greyhound Corp. v. MT. Hood Stages, Inc., 437 U.S. 322 (U.S. 1978)
- Nuelsen v. Sorensen, 293 F.2d 454 (9th Cir. 1961)
- Poloron Prods. v. Lybrand Ross Bros. & Montgomery, 534 F.2d 1012 (2d Cir. 1976)
- United States v. Fahrenkamp, 312 F.2d 627 (8th Cir. 1963)