INTERNATIONAL RAILWAYS OF CENTRAL AMER. v. UNITED FRUIT CO.

No. 65 Civ. 479.

254 F.Supp. 233 (1966)

INTERNATIONAL RAILWAYS OF CENTRAL AMERICA, Plaintiff, v. UNITED FRUIT COMPANY, Defendant.

United States District Court S. D. New York.

May 11, 1966.


Attorney(s) appearing for the Case

Leventritt, Bush, Lewittes & Bender, New York City, for plaintiff (Aaron Lewittes, M. Victor Leventritt, and Sidney Bender, New York City, of counsel).

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant (Ralph M. Carson, Porter R. Chandler, Robert F. Dobbin and James W. B. Benkard, New York City, of counsel).


RYAN, Chief Judge.

There are before us two motions for partial summary judgment.

Defendant moves for partial summary judgment on the grounds that plaintiff is barred from prosecuting the antitrust counts of the complaint because it is attempting to split a cause of action (a form of res judicata), and because the statute of limitations has run on this action.

Plaintiff bases his motion for partial summary judgment on the doctrine of collateral estoppel...

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