Newton v. Federal Barge Lines, Inc.

How later courts describe this case

• holding that “the institution of the plaintiffs suit tolls or suspends the running of the statute of limitations governing a compulsory counterclaim.”
• offsetting against plaintiff's gross damages "the amount which plaintiffs would have paid ... in the absence of the royalty-maintenance conspiracy"
• "[T]he heretofore unbroken rule has been that any settlement payments are deducted from the damages awarded after trebling"
• 10-day statutory stay does not apply to closure of state chartered savings and loan association by federal receiver; due process satisfied by state law providing for possibility of post-seizure judicial review
• in holding that antitrust counterclaims were compulsory counterclaims to original action asserting breach of a licensing agreement, the court distinguished Mercoid on its facts and stated that Mercoid’s “continuing validity is open to serious question”
• settlement deductions made after trebling in antitrust cases