Kansas City, Missouri v. Federal Pacific Electric Co.
Decision Date | 30 November 1962 |
Docket Number | 17118.,No. 17117,17117 |
Citation | 310 F.2d 271 |
Parties | KANSAS CITY, MISSOURI, a Municipal Corporation, Appellant, v. FEDERAL PACIFIC ELECTRIC COMPANY, Appellee. KANSAS CITY, MISSOURI, a Municipal Corporation, Appellant, v. GENERAL ELECTRIC COMPANY, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Keith Wilson, Jr., City Counselor, Kansas City, Mo., and William F. Mauer, Asst. City Counselor, Kansas City, Mo., for appellant.
Dick H. Woods, Kansas City, Mo., Joseph J. Kelly, Jr., Howard F. Sachs and Alvin D. Shapiro, Kansas City, Mo., on brief, amici curiae, Kansas City Power & Light Co. et al.
Charles B. Blackmar, Kansas City, Mo., for appellee General Electric Co.
James C. Wilson, Kansas City, Mo., for appellee Federal Pacific Electric Co.
Ralph M. Jones, John J. Kitchin, Donald H. Loudon, Kansas City, Mo., and Sheridan Morgan, Kansas City, Mo., and Jacob Imberman, New York City, on brief for appellees General Electric Co. and Federal Pacific Electric Co.
John A. Woodbridge, St. Louis, Mo., Richmond C. Coburn, Thomas L. Croft, Alan C. Kohn, Peter W. Herzog, Jr., Ben Ely, Jr., of Coburn, Croft & Cook, St. Louis, Mo., on brief for Union Electric Co., amicus curiae.
Before JOHNSEN, Chief Judge, and MATTHES and RIDGE, Circuit Judges.
Certiorari Denied November 19, 1962. See 83 S.Ct. 256.
On February 1, 1962, the City of Kansas City, Missouri, filed two suits in the United States District Court for the Western District of Missouri seeking to recover treble damages under § 4 of the Clayton Act for alleged violations of § 1 of the Sherman Act.1 The amended complaint in each case was predicated upon an actionable combination and conspiracy, alleged to have been in existence since as early as 1948, and which resulted in damage to plaintiff only in 1954 when defendants allegedly overcharged plaintiff for certain electrical equipment. It was specifically alleged that defendants, through affirmative conduct, had fraudulently concealed the existence of the conspiracies from plaintiff and that plaintiff did not learn of the illegal combinations until after the United States had commenced criminal and civil proceedings against defendants in 1960.2 Defendants do not challenge the sufficiency of the fraudulent concealment allegation.
The district court sustained defendants' motions to dismiss the complaints or, in the alternative, for summary judgment on the ground that the complaints as amended showed on their face that the claims, if any, upon which plaintiff's causes of action purported to be based, accrued more than four years prior to the date of the filing of the complaints, and more than four years prior to the date that any tolling provision contained in the Clayton Act became operative. These actions are before the court on appeal from the district court's judgments dismissing both cases.3 The important and broad issue to be resolved is whether plaintiff's actions are barred by the provisions of § 4B of the Clayton Act (15 U.S.C.A. § 15b),4 which reads as follows:
Resolution of this question, as all parties agree, calls for an interpretation of the foregoing statute.5
We are mindful of the fundamental principle that a court should not engage in interpreting or construing a statute that is clear and unambiguous on its face. Only those statutes which are ambiguous or of doubtful meaning are subject to the process of statutory interpretation. Packard Motor Car Co. v. National Labor Relations Board (1947), 330 U.S. 485, 492, 67 S.Ct. 789, 91 L.Ed. 1040, and Sutherland, Statutory Construction, Vol. 2, § 4502 (3d Ed. 1943). Here the controversy centers upon the meaning of the phrase "within four years after the cause of action accrued." More precisely, did Congress intend that the federal doctrine of fraudulent concealment should be read into § 4B so that the limitation period of four years would be suspended and tolled until the injured party, by the exercise of reasonable diligence, discovers that his rights have been invaded?
Before delving further into this question, however, and as explanatory matter, we observe that during the period between 1914, when the Clayton Act became the law, and 1955 when § 4B was enacted, state statutes of limitation were resorted to in actions brought under the Clayton Act.6 The disparity in the state statutes (varying between one and twenty years) promoted "forum-shopping" and finally resulted in an awareness of the need for a federal limitation period that would provide uniformity throughout the United States. Congress provided the remedy by enacting § 4B on July 7, 1955, effective on January 7, 1956. But a final solution was not easily attainable. As we shall note, infra, district courts are not in accord as to construction and application of § 4B. It also appears that subsequent to the time the Government proceedings were instituted against certain manufacturers of electrical equipment, and apparently as a result of those proceedings, 1700 or more civil actions, including the instant cases, have been instituted and are pending against such manufacturers in the district courts throughout the country, and we are informed that the outcome of those cases is in part dependent upon the judicial interpretation of § 4B. The Second Circuit considered the effect of the doctrine of fraudulent concealment upon a state statute of limitations applicable to a private antitrust suit under the Clayton Act in Moviecolor Limited v. Eastman Kodak Company, supra, 288 F. 2d 80. However, the precise question before us, to our knowledge, has not as yet received judicial interpretation by a court of appeals.
Because of the importance of the question, we permitted Kansas City Power & Light Company, Missouri Public Service Company, St. Joseph Light & Power Company, Kansas Power & Light Company, Kansas Gas & Electric Company, Western Light & Telephone Company, Inc., The Empire District Electric Company, and Central Kansas Power Company to file a brief as amici curiae; and Union Electric Company to file a brief as amicus curiae.7
It is neither necessary nor expedient to enumerate and give consideration to the numerous canons of construction to be applied in interpreting or construing a statute. The legislative will is the all-important or controlling factor, and has been said to be the vital part, the heart, soul, and essence of the law. 50 Am.Jur., Statutes, § 223, p. 200. See also United States v. Congress of Industrial Organization (1948), 335 U.S. 106, 112, 113, 68 S.Ct. 1349, 92 L.Ed. 1849; United States v. Cooper Corporation (1941), 312 U.S. 600, 605, 606, 61 S.Ct. 742, 85 L.Ed. 1071.
In searching for the will and intent, it is to be assumed that Congress was aware of established rules of law applicable to the subject matter of the statute and thus, upon enactment, the statute is to be read in conjunction with the entire existing body of law. 50 Am. Jur., Statutes, § 339, pp. 331, 332; Exploration Company v. United States (1918), 247 U.S. 435, 449, 38 S.Ct. 571, 62 L.Ed. 1200; United States v. McElveen (E.D.La.1959), 177 F.Supp. 355, 358, 359. In our view, this rule is of particular significance here because, as noted, infra, the fraudulent concealment doctrine, firmly established in Bailey v. Glover, 88 U.S. (21 Wall.) 342, 22 L.Ed. 636, and adhered to in subsequent cases, was actually the subject of discussion by members of the Congress before § 4B was enacted in its present form.
The landmark case on fraudulent concealment is Bailey v. Glover, supra, 88 U.S. (21 Wall.) 342, 22 L.Ed. 636, where the Supreme Court was required to determine whether the limitation statute of the Bankruptcy Act of 1867, providing that suit be brought within two years "from the time the cause of action accrued," had been tolled by the concealment of the fraudulent conduct which was the basis of the cause of action. A unanimous court made these pertinent pronouncements:
To continue reading
Request your trial-
King & King Enterprises v. Champlin Petroleum Co.
...(8th Cir. 1976); Laundry Equipment Sales Corp. v. Borg-Warner Corp., 334 F.2d 788, 792 (7th Cir. 1964); Kansas City v. Federal Pacific Electric Co., 310 F.2d 271, 278 n.9 (8th Cir.), cert. denied, 371 U.S. 912, 83 S.Ct. 256, 9 L.Ed.2d 171 (1962). It has been repeatedly held that the party a......
-
Campbell v. Upjohn Co.
...523 F.2d 389 (6th Cir. 1975); nor does the mere failure to disclose the existence of a cause of action. Kansas City v. Federal Pacific Electric Co., 310 F.2d 271, 278 (8th Cir.) cert. denied, 371 U.S. 912, 83 S.Ct. 256, 9 L.Ed.2d 171 (1962); Dayco Corp. v. Firestone Tire & Rubber Co., 386 F......
-
In re Double TRL, Inc.
...or revised statute is presumed to be harmonious with existing law and its judicial construction. Kansas City, Missouri v. Federal Pacific Electric Co., 310 F.2d 271, 275 (8th Cir.), cert. denied, 371 U.S. 912, 83 S.Ct. 256, 9 L.Ed.2d 171 (1962); United States v. Professional Air Traffic Con......
-
Weber v. Heaney, Civ. 4-91-1009.
...48.14, at 361. These statements should therefore be accorded the same weight as formal committee reports. City of Kansas City v. Federal Pac. Elec. Co., 310 F.2d 271, 280 (8th Cir.), cert. denied, 371 U.S. 912, 83 S.Ct. 256, 9 L.Ed.2d 171 (1962); accord Kuehner v. Heckler, 778 F.2d 152, 160......
-
Table of Cases
...Ltig.), 712 F.3d 21 (1st Cir. 2013), 63 Kamloops (City) v. Nielson, [1984] 2 S.C.R. 2 (Can.), 343 Kansas City v. Fed. Pac. Elec. Co., 310 F.2d 271 (8th Cir. 1963), 71 Kansas v. UtiliCorp United, 497 U.S. 199 (1990), 44, 265 Kaw Valley Elec. Coop. v. Kan. Elec. Power Coop., 872 F.2d 931 (10t......
-
Statute of Limitations
...concealment does toll the period of limitation provided in Section 4B of the Clayton Act”); Kansas City v. Fed. Pac. Elec. Co., 310 F.2d 271, 284 (8th Cir. 1963) (holding “that the fraudulent concealment doctrine is to be read into the statute of limitations so that . . . the limitation per......
-
Private Antitrust Suits
...(6th Cir. 1988); Rutledge v. Boston Woven Hose & Rubber Co., 576 F.2d 248, 250 (9th Cir. 1978); Kansas City v. Federal Pac. Elec. Co., 310 F.2d 271, 278 (8th Cir. 1962); Ohio ex rel. Fisher v. Louis Trauth Dairy, 856 F. Supp. 1229, 1237 (S.D. Ohio 1994) (citing Pinney Dock, 838 F.2d at 1472......
-
The 1992 Colorado Antitrust Act: Per Se Bidrigging and Key Issues
...(CCH) ¶pR67,473, at 59,984 (D.Colo. Feb. 11, 1987). 27. See, e.g., Bailey, supra, note 26 at 349; Kansas City v. Federal Pac. Elec. Co., 310 F.2d 271,284 (8th Cir. 1962). 28. CRS § 6-4-118(1). 29. Id. See supra, text accompanying note 14. 30. See supra, note 14 and accompanying text. 31. Ca......