Case Study

TIMBERLANE LUMBER CO. v. BANK OF AMERICA, N.T. & S.A 549 F.2D 597 (9th Cir. 1976) Before BROWNING and CHOY, Circuit Judges, and GRAY, zone Judge. OPINION CHOY, Circuit Judge: Four separate consummations, arising from the homogeneous series of events, were dismissed by the same district beg and are consolidated here on appeal. The principal swear out is Timberlane Lumber Co. v. Bank of America (Timberlane action), an antitrust suit alleging violations of sections 1 and 2 of the Sherman Act (15 U.S.C. ss 1, 2) and the Wilson Tariff Act (15 U.S.C. s 8). FN1 This action raises important questions concerning the application of American antitrust laws to activities in some other country, including actions of foreign government officials. The district court dismissed the Timberlane action under the act of state doctrine and for lack of repress matter jurisdiction. The other deuce-ace are diversity tort suits brought by employees of one of the Timberlane plaintiffs for individual injuries allegedly suffered in the ply of the extended antiTimberlane drama. Having dismissed the Timberlane action, the district court dismissed these three suits on the ground of forum non conveniens. We vacate the dismissals of all quartet actions and remand. FN1.

The Wilson Tariff Act is a less comprehensive order than the Sherman Act, often applied in combination with it. It has been said that the mandate makes explicit the prohibitions of the Sherman Act in the field of foreign commerce. coupled States v. General Electric Co., 80 F.Supp. 989, 1017 (S.D.N.Y.1948). Honduras subsidiaries, from milling pound up in Honduras and exporting it to the United States, thus maintaining control of the Honduran lumber export business in the hands of a fewer select individuals financed and controlled by the Bank. The intent and result of the conspiracy, they contend, was to interfere with the export to the United States, including Puerto Rico, of Honduran lumber for sale or drill there by the plaintiffs, thus directly... If you want to get a full essay, order it on our website: Orderessay

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