Legal Opinion

Banana Distributors, Inc. v. United Fruit Co.

District Court, S.D. New York

Decided December 5, 1957PublishedCited by 7 opinions

1Opinion of the Court

LEVET, District Judge.

This is an action for treble damages and injunctive relief under the antitrust laws. The application of the pertinent statute of limitations is immediately involved. The complaint was filed on September 3, 1953. It alleges a combination and conspiracy in violation of the federal antitrust laws commencing sometime in 1946; the complaint also alleges various overt acts constituting an illegal use of defendants’ monopoly power committed in 1947 and 1949 and continuously thereafter up to the date of suit.

When the complaint was filed on September 3, 1953, there was no federal…

2Cases cited36 opinions

  1. Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
  2. Bell v. MorrisonSupreme Court of the United States · 1828
  3. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
  4. People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
  5. United States v. Scophony Corp. of AmericaSupreme Court of the United States · 1948

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3Cited by7 opinions

  1. Intermountain Ford Tractor Sales Co. v. Massey-Ferguson Ltd.District Court, D. Utah · 1962
  2. Banana Distributors, Inc. v. United Fruit Company and Fruit Dispatch CompanyCourt of Appeals for the Second Circuit · 1959
  3. Banana Distributors, Inc. v. United Fruit Co.District Court, S.D. New York · 1958
  4. UNITED BANANA COMPANY v. United Fruit CompanyDistrict Court, D. Connecticut · 1959
  5. First National Bank of Arizona v. British Petroleum Co.District Court, S.D. New York · 1971

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