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UNITED BANANA COMPANY v. UNITED FRUIT COMPANY

No. 372, Docket 30042.

362 F.2d 849 (1966)

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

United States Court of Appeals Second Circuit.

Decided June 24, 1966.

Attorney(s) appearing for the Case

Robert E. Nickerson, Greenwich, Conn. (Nickerson & Weicker, Greenwich, Conn.; Ernest Leff, Beverly Hills, Cal., on the brief), for appellant.

John D. Fassett, New Haven, Conn. (Wiggin & Dana, New Haven, Conn.; Ralph M. Carson, Thomas P. Griesa, Davis Polk Wardwell Sunderland & Kiendl, New York City, on the brief), for appellees.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

Appellant United Banana Company, Inc. ("United Banana"), a banana jobber, brought this action in September 1958 under the Robinson-Patman Act and the Sherman and Clayton Acts against United Fruit Company, a banana importer, and its wholly-owned distributor, Fruit Dispatch Company. Plaintiff claimed it was damaged in the first eight months of 1958 by defendants' imposition of (1) a discriminatory service charge, (2) a direct price discrimination, and (3...

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