Mt. Hood Stages, Inc., Doing Business as Pacific Trailways v. The Greyhound Corporation and Greyhound Lines, Inc.

This antitrust case is before us for the third time. On the first appeal we affirmed a judgment for plaintiff on the merits, and held the suit not barred by limitations because the running of the statutory period had been tolled under 15 U.S.C. § 16 (i). 555 F.2d 687 (9th Cir. 1977). On certiorari the Supreme Court held section 16(i) inapplicable, but remanded for consideration of whether the running of limitations had been tolled under equitable principles. 437 U.S. 322 , 337 n. 21, 98 S.Ct. 2870 , 2379 n. 21, 57 L.Ed.2d 239 (1978). We in turn remanded to the district court, 583 F.2d 469 (9th Cir. 1978). The district court held that running of the statute of limitations had been tolled during the pendency of related proceedings before the Interstate Commerce Commission. This appeal followed. We affirm.

I.

Between 1947 and 1956 Greyhound acquired a number of bus companies whose routes together encircled the routes of Mt. Hood. On October 7,1964, Mt. Hood filed a petition with the Commission asking that the acquisition proceedings be reopened, and the orders approving the acquisitions be modified. The United States petitioned to intervene in the Commission proceedings on December…