Winckler & Smith Citrus Products Co. v. Sunkist Growers, Inc.

346 F.2d 1012 WINCKLER & SMITH CITRUS PRODUCTS CO., a corporation, and James A. A. Smith, Trustee, Appellants, v. SUNKIST GROWERS, INC., a corporation, and The Exchange Orange ProductsCompany, a corporation, Appellees. No. 19739. United States Court of Appeals Ninth Circuit. June 4, 1965, Rehearing Denied July 8, 1965. William C. Dixon, Los Angeles, Cal., Bernard Reich, Beverly Hills, Cal., for appellants. Ross C. Fisher, Herman F. Selvin, Los Angeles, Cal., for appellees. Before BARNES, MERRILL and BROWNING, Circuit Judges. MERRILL, Circuit Judge. 1 Appeal is taken from judgment dismissing this private antitrust action for failure of appellant to prosecute, pursuant to remands for new trial from this court, 316 F.2d 275 , and from the Supreme Court, 370 U.S. 19 , 82 S.Ct. 1130 , 8 L.Ed.2d 305 . 2 It is conceded that prosecution could not be had due to an order of the District Court staying further proceedings until appellant had made or secured judgment for costs incurred in the earlier proceedings before this court and the Supreme Court. Appellant is bankrupt and its only asset is this cause of action. It was unsuccessful in its efforts to raise the funds necessary to meet…