Banana Distributors, Inc. v. United Fruit Co.

LEYET, District Judge.

Plaintiff by this motion seeks an order to substitute the representatives of defendant John A. Werner, deceased, in place and stead of said defendant and to amend the proceedings in this action accordingly.

John A. Werner, formerly President of the defendant Fruit Dispatch Company, and a Director of United Fruit Company, a defendant herein, died on August 27, 1960. Thereafter, on October 27, 1960, letters testamentary were issued by the Surrogate’s Court of New York County to Charles M. Schaefer, residing at Lagoona Drive, Brightwaters, New York, and James L. Kaye,…