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BERKSON v. DEL MONTE CORP.

No. 83-1636.

743 F.2d 53 (1984)

Herbert D. BERKSON, Plaintiff, Appellant, v. DEL MONTE CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 17, 1984.

Attorney(s) appearing for the Case

J. Sheffield Dow, Boston, Mass., for plaintiff, appellant.

Thomas J. Griffin, Jr., Boston, Mass., with whom Richard A. Oetheimer, Gordon H. Piper, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendant, appellee United Brands Co.

Craig E. Stewart, Boston, Mass., with whom Erik D. Lazar, John T. Harding, Jr., and Palmer & Dodge, Boston, Mass., were on brief, for defendant, appellee Del Monte Corp.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and PEREZGIMENEZ, District Judge.

BOWNES, Circuit Judge.

Appellant Herbert Berkson brought this action under 15 U.S.C. §§ 1 and 2, alleging that appellees Del Monte and United Brands conspired together to prevent Berkson and his Pan Tropic Fruit Company from purchasing certain banana properties in Guatemala. The district court granted summary judgment on the ground, among others, that the action was time barred. We find this issue dispositive, and affirm.

Under a consent decree in...

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