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Brownlow v. RCA Corp.

May 18, 1979

DONALD G. BROWNLOW, PLAINTIFF-APPELLANT,
v.
RCA CORPORATION, NATIONAL BROADCASTING COMPANY, INC., RANDOM HOUSE, INC., DOUBLEDAY & CO., INC., DELL PUBLISHING CO., INC., RARITAN ENTERPRISES, INC., JOHNNY CARSON AND NEIL SHEEHAN, DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the Southern District of New York

Present: Hon. William H. Mulligan, Hon. Milton Pollack,*fn* Hon. Robert L. Carter, * Circuit Judges

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by consel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, ajudged, and decreed that the judgment of said District Court be and it hereby is affirmed. Appellant's claim that defendants conspired to violate the antitrust laws is barred by the four-year statute of limitations under 15 U.S.C. ยง 15b.The complaint, filed in the district court on June 12, 1978, failed to allege that a single overt act in furtherance of appellees' purported conspiracy occurred after June 12, 1974. The allegation in the complaint that, effective June 1, 1976, appellee Dell Publishing Co., Inc. became a wholly owned subsidiary of appellee Doubleday & Co. in furtherance of the conspiracy does not remove the ...


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