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BANANA DISTRIBUTORS, INC. v. UNITED FRUIT COMPANY

No. 289, Docket 25457.

269 F.2d 790 (1959)

BANANA DISTRIBUTORS, INC., Plaintiff-Appellant, v. UNITED FRUIT COMPANY and Fruit Dispatch Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided August 24, 1959.

Attorney(s) appearing for the Case

Austin, Burns, Appel & Smith, New York City, for plaintiff-appellant. Arnold, Fortas & Porter, Washington, D. C., Thurman Arnold, Abe Krash and Stuart J. Land, Washington, D. C., Robert E. Nickerson, Greenwich, Conn., Blackwell Smith, New York City, and Ernest Leff, Colchester, Conn., of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendants-appellees. Theodore Kiendl, Ralph M. Carson, Edwin J. Jacob and Hal F. Reynolds, New York City, of counsel.

Before SWAN, HINCKS and MOORE, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by plaintiff and cross-appeal by defendants from different paragraphs of an interlocutory order entered October 14, 1958 which involved rulings with respect to the statute of limitations applicable in this action for treble damages under § 4 of the Clayton Act. Leave to appeal was granted to both parties under the recently enacted Interlocutory Appeals Act, 28 U.S.C.A. § 1292(b).

Plaintiff, a Connecticut corporation...

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