Marine Firemen's Union, and Others Similarly Situated v. Owens-Corning Fiberglass Corporation

Before MERRILL and ELY, Circuit Judges, and EAST, Senior District Judge.

THE CASE

Marine Firemen’s Union (Marine) instituted this private class antitrust action under §§ 4-16 of the Clayton Act [ 15 U.S.C. §§ 15-26 ] on February 18, 1970, alleging in its complaint that the appellees combined and conspired to violate § 1 of the Sherman Act [ 15 U.S.C. § 1 ] with resulting treble damage. These allegations were substantially the same charges of violation as contained in the hereinafter mentioned government criminal proceedings.

The District Court granted the appel-lees Rule 56, Federal Rules of Civil Procedure, motion for summary judgment on the grounds that the statute of limitations barred the instant action, and summary judgment was accordingly entered on March 17, 1972.

At the time of the District Court’s hearing on the motion for summary judgment, the truth of Marine’s allegations was presumed and the pertinent undisputed facts were:

Here we pinpoint that the commencement date of this cause exceeded by one day the period of one year after the date of the District Court’s oral sentence or judgment to pay fines, but was within one year after the signing of the…