Leh

This is an appeal from a judgment of dismissal below, upon the sole ground the statute of limitations had run against The Progress Company on its cause of action against appellees, filed September 28, 1956. The action was for treble damages under Section 4 of the Clayton Act ( 15 U.S.C. § 15 ), arising from the alleged violation of Sections 1 and 2 of the Sherman Act ( 15 U.S.C. §§ 1 and 2). Jurisdiction below rested on Section 1337 of Title 28 United States Code, and rests here on Sections 1291 and 1294(1) of Title 28 United States Code.

It is conceded by appellants that their cause of action accrued no later than February 1954, and that the applicable statute of limitations began to run at that time. The question before us is first: What is the applicable statute of limitations? And, second: Whether (if the one year statute Cal.Code Civ.P. § 340(1) is applicable, rather than the three year statute Cal.Code Civ.P. § 338(1)) it was tolled or suspended under § 5 of the Clayton Act ( 15 U.S.C. § 16 , as amended, 15 U.S.C. § 16 (b), 1955) by a similar proceeding “instituted by the United States.”

The alleged similar proceeding was United States v. Standard Oil Co., et al., Civil…