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ATLANTIC BANANA CO. v. STANDARD FRUIT & STEAMSHIP CO.

No. 73-2941.

493 F.2d 555 (1974)

ATLANTIC BANANA COMPANY, Plaintiff-Appellee, v. STANDARD FRUIT & STEAMSHIP COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 11, 1974.

As Modified on Clarification June 27, 1974.

Attorney(s) appearing for the Case

H. Barton Williams, Bernard Marcus, Paul A. Gaudet, Eberhard P. Deutsch, New Orleans, La., for defendant-appellant.

Walter J. Suthon, Jr., Nigel E. Rafferty, Walter W. Christy, John Blackwell, New Orleans, La., for plaintiff-appellee.

Before DYER, MORGAN and RONEY, Circuit Judges.

DYER, Circuit Judge:

In this diversity action, Standard Fruit and Steamship Company appeals from the district court's judgment that a binding contract existed between Standard and Atlantic Banana Company for the purchase, importation and sale of Ecuadorian bananas and that Standard was liable for breach of the agreement. The district court awarded Atlantic $566,530.60 in damages, plus interest from the date of the interlocutory

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