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BANANA DISTRIBUTORS v. UNITED FRUIT COMPANY

162 F.Supp. 32 (1958)

BANANA DISTRIBUTORS, Incorporated, Plaintiff, v. UNITED FRUIT COMPANY; and Fruit Dispatch Company, Defendants.

United States District Court S. D. New York.

May 8, 1958.

Attorney(s) appearing for the Case

Smith, Mathews, Bell & Solomon, New York City, for plaintiffs, Blackwell Smith, Ernest Leff, Arnold Fortas & Porter, 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.

This is an action for treble damages under the antitrust laws. The case was tried before a jury after a preliminary trial in reference to the statute of limitations, likewise before a jury, pursuant to Bertha Building Corporation v. National Theatres Corporation, 2 Cir., 1957, 248 F.2d 833, certiorari denied April 28, 1958, 78 S.Ct. 777. On the basis of the jury's...

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