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BANANA DISTRIBUTORS v. UNITED FRUIT COMPANY

158 F.Supp. 153 (1957)

BANANA DISTRIBUTORS, Incorporated; Percival B. Elbaum; Edith Elbaum; Joan S. Elbaum and Jerome D. Elbaum, minors, by Percival B. Elbaum, their guardian ad litem; and The Inland Corporation, Plaintiffs, v. UNITED FRUIT COMPANY; Fruit Dispatch Company; and John A. Werner, Defendants.

United States District Court S. D. New York.

December 5, 1957.

Attorney(s) appearing for the Case

Smith, Mathews, Bell & Solomon, New York City, for plaintiffs. Blackwell Smith and Ernest Leff, New York City, Arnold, Fortas & Porter and Thurman Arnold, Washington, D. C., of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendants. Theodore Kiendl, Ralph M. Carson, Porter R. Chandler, Edwin J. Jacob, David G. Gill, David L. Farley, Jr., New York City, of counsel.

LEVET, District Judge.

This is an action for treble damages and injunctive relief under the antitrust laws. The application of the pertinent statute of limitations is immediately involved. The complaint was filed on September 3, 1953. It alleges a combination and conspiracy in violation of the federal antitrust laws commencing sometime in 1946; the complaint also alleges various overt acts constituting an illegal use of defendants' monopoly power committed in 1947...

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