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INTERNATIONAL RAILWAYS OF CENT. AM. v. UNITED FRUIT CO.

No. 178, Docket 30638.

373 F.2d 408 (1967)

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

United States Court of Appeals Second Circuit.

Decided January 27, 1967.

Attorney(s) appearing for the Case

Aaron Lewittes, New York City (Leventritt, Bush, Lewittes & Bender, New York City) (M. Victor Leventritt, Sidney Bender, Abraham K. Weber, New York City, of counsel), for plaintiff-appellant.

Ralph M. Carson, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City) (Porter R. Chandler, Robert F. Dobbin, New York City, of counsel), for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge:

This action was brought on February 16, 1965, by International Railways of Central America (IRCA) against United Fruit Company (UF) in the District Court for the Southern District of New York. The complaint, analyzed in more detail below, asserted six claims, the first four and the sixth seeking treble damages for breach of the antitrust laws, 15 U.S.C. § 15, and the fifth, predicated on the same facts as the third, primarily seeking...

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