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BANANA DISTRIBUTORS v. UNITED FRUIT COMPANY

158 F.Supp. 160 (1957)

BANANA DISTRIBUTORS, Incorporated; Percival B. Elbaum; Edith Elbaum; Joan S. Elbaum and Jerome D. Elbaum, minors, by Percival B. Elbaum, their guardian ad litem; and The Inland Corporation, Plaintiffs, v. UNITED FRUIT COMPANY; Fruit Dispatch Company; and John A. Werner, Defendants.

United States District Court S. D. New York.

December 12, 1957.

Attorney(s) appearing for the Case

Smith, Mathews, Bell & Solomon, New York City, Attorneys for Plaintiffs Blackwell Smith and Ernest Leff, New York City, Arnold, Fortas & Porter, Washington, D. C., Thurman Arnold, Washington, D. C., of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Defendants. Theodore Kiendl, Ralph M. Carson, Porter R. Chandler, Edwin J. Jacob, David G. Gill, David L. Farley, Jr., New York City, of counsel.

LEVET, District Judge.

The question immediately involved in this action at this juncture is, what statute of limitations of the State of New York is available to the defense herein. It is concededly either a three-year period under Section 49, subdivision 3, or a six-year term under Section 48, subdivision 2 of the New York Civil Practice Act.

The action is for treble damages and injunctive relief under the antitrust laws. The complaint was filed on September...

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