Dungan v. Morgan Drive-Away, Inc.

570 F.2d 867 1978-1 Trade Cases 61,884 J. M. DUNGAN, as Trustee for ABC Towing Service of Salinas, Inc., a bankrupt corporation, Plaintiff-Appellant, v. MORGAN DRIVE-AWAY, INC., National Trailer Convoy, Inc., and Transit Homes, Inc., Defendants-Appellees. No. 76-2681. United States Court of Appeals, Ninth Circuit. Jan. 13, 1978. Rehearing and Rehearing En Banc Denied Feb. 28, 1978. No appearance for plaintiff-appellant. No appearance for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before HUFSTEDLER, SNEED and KENNEDY, Circuit Judges. SNEED, Circuit Judge: 1 Plaintiff-appellant Dungan, as Trustee for the ABC Towing Service of Salinas, Inc., a bankrupt corporation, instituted this private antitrust treble damage action on August 20, 1975. It is acknowledged that any such action accrued no later than April 23, 1969, the date ABC Towing Service of Salinas, Inc. filed its petition in bankruptcy. The cause of action, therefore, appears barred because, as required by 15 U.S.C. § 16 (i), it was not commenced "within four years after the cause of action accrued." 2 To avoid this conclusion plaintiff points to that portion…