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Timberlane Lumber Co. v. Bank of America, N.T. & S.A.

United States Court of Appeals for the Ninth Circuit

459 F.2d 597 (1976)

Relevant factsFree

Timberlane Lumber (plaintiff) purchased a controlling interest in a bankrupt Honduran lumber mill from former-employee creditors, but two competing lumber companies backed by Bank of America (defendants) refused to sell their own creditor interests and instead obtained a Honduran court judgment awarding them the mill, which was then enforced to shut the mill down; Timberlane sued the bank, the competing companies, and individual Honduran citizens, alleging a conspiracy to eliminate its competition in the Honduran lumber import market. The district court dismissed, finding the state-action doctrine barred jurisdiction and that there was no sufficiently direct effect on U.S. commerce, and Timberlane appealed.

IssueFree

Whether a conspiracy that involves cooperation by a foreign government is immune from antitrust regulation.

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