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JOHNSON & JOHNSON v. CHARMLEY DRUG CO.

11 N.J. 526 (1953)

95 A.2d 391

JOHNSON & JOHNSON, A BODY CORPORATE, AND McKESSON & ROBBINS, INCORPORATED, PLAINTIFFS-APPELLANTS, v. CHARMLEY DRUG CO., A BODY CORPORATE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 2, 1953.

Attorney(s) appearing for the Case

Mr. Joseph H. Stamler argued the cause for appellants (Mr. Walter F. Waldau, of counsel; Messrs. John P. McGrath, Marland Gale and Laurence C. Ehrhardt, of the New York bar, on the brief; Messrs. Lorentz & Stamler, attorneys for Johnson & Johnson; Messrs. Stryker, Tams & Horner, attorneys for McKesson & Robbins, Incorporated).

Mr. Joseph Kraemer argued the cause for respondent.

The opinion of the court was delivered by HEHER, J.

The question for decision is whether the defendant retailer of pharmaceutical supplies in interstate commerce is in the particular circumstances a "signer" of a minimum price-fixing agreement made between the appellant corporations, Johnson & Johnson, a manufacturer of medical and surgical supplies and dressings, and McKesson & Robbins, Incorporated, a wholesale distributor of products of this class, within...

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