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COLGATE-PALMOLIVE COMPANY v. MAX DICHTER & SONS

Civ. A. No. 56-297.

142 F.Supp. 545 (1956)

COLGATE-PALMOLIVE COMPANY and The Sperry & Hutchinson Company, Intervenor, Plaintiffs, v. MAX DICHTER & SONS, Inc., et al.

United States District Court D. Massachusetts.

Supplementary Opinion June 20, 1956.

Second Supplemental Opinion July 12, 1956.

Attorney(s) appearing for the Case

John F. Groden, Withington, Cross, Park & McCann, Boston, Mass., for plaintiff.

Samuel Lane, Casey, Lane & Mittendorf, New York City, Edward H. Bennett, Jr., Sullivan & Worcester, Boston, Mass., for intervener plaintiff.

Henry Gesmer, Boston, Mass., Marvin M. Geller, Boston, Mass., for Alric, Marrud, Di-Deb, Inc., Margolid and Rudnick.

Newton A. Lane, Boston, Mass., for Max Dichter & Sons.

ALDRICH, District Judge.

This is a suit by a manufacturer for an injunction against violation by non-signers of a Massachusetts fair trade agreement. Mass.G.L.(Ter.Ed.) c. 93, §§ 14A-D; General Electric Co. v. Kimball Jewelers, Mass.1956, 132 N.E.2d 652. While strictly the present proceeding is an application for a preliminary injunction, I declined to grant the injunction on affidavits and statements of counsel, and requested...

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