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031664P.pdf   12/07/2004  Midwestern Machinery  v.  Northwest Airlines
   U.S. Court of Appeals Case No:  03-1664
   District of Minnesota   
   Civil Case - Anti-trust. In 1997, following 1985 merger of Northwest 
   Airlines with Republic Airlines, plaintiff class brought a Clayton Act 
   action against Northwest. District court's grant of summary judgment to 
   Northwest on the ground that the four-year statute of limitations had run 
   is affirmed. Continuing violation theory does not apply to mergers under 
   section 7 Clayton Act. Holding and use of acquired assets theory may be 
   valid justification for extending statute of limitations, but plaintiffs 
   failed to show assets were used differently. Claim for equitable relief 
   barred by doctrine of laches. Judge Gibson, dissents.[PUBLISHED] [M.Arnold, 
   Author, with Riley and Gibson, Circuit Judges]