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BANANA DISTRIBUTORS, INC. v. WERNER

No. 183, Docket 25368.

275 F.2d 458 (1960)

BANANA DISTRIBUTORS, INC., Plaintiff-Appellant, v. John A. WERNER, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 26, 1960.

Attorney(s) appearing for the Case

Thurman Arnold, Washington, D. C. (Blackwell Smith, New York City, Arnold, Fortas & Porter, Washington, D. C., Ernest Leff, Colchester, Connecticut, Robert E. Nickerson, Greenwich, Connecticut, and Austin, Burns, Appell & Smith, New York City, on the brief), for plaintiff-appellant.

Ralph M. Carson, New York City (Hal F. Reynolds, Donald N. Dirks, and Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, on the brief), for defendant-appellee.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

PER CURIAM.

The plaintiff, Banana Distributors, Inc., brought this action for treble damages under the anti-trust laws against United Fruit Company, Fruit Dispatch Company and John A. Werner, President of Dispatch, and Director of United. At the end of the plaintiff's case the action against defendant Werner was dismissed. The trial then continued terminating in a mistrial when the jury was unable to reach a verdict. This appeal is, however, only concerned with the...

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