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SUNBEAM CORPORATION v. RICHARDSON

No. 532.

144 F.Supp. 583 (1956)

SUNBEAM CORPORATION, Plaintiff, v. John W. RICHARDSON, Joe B. Richardson, John W. Richardson III, Charles Robert Richardson, Partners, d/b/a Richardson Hardware Company and Barren County Hardware Company, Defendants.

United States District Court W. D. Kentucky, Bowling Green.

July 15, 1956.

Attorney(s) appearing for the Case

Carroll M. Redford, Glasgow, Ky., Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., Thomas M. Scanlon and Raymond W. Gray, Jr., Indianapolis, Ind., Finn & Van Mell, Chicago, Ill., of counsel, for plaintiff.

Richard L. Garnett, Glasgow, Ky., R. M. Coleman, Bowling Green, Ky., for defendants.

SWINFORD, District Judge.

This is an action for injunctive relief under the Kentucky Fair Trade Act of 1936, KRS 365.080, 365.090. The Act provides as follows:

"365.080 (4748i-1; 4748i-3) Resale price of commodities may be regulated by contract; conditions implied. (1) No contract relating to the sale or resale of a commodity that bears, or the label or content of which bears, the trade-mark, brand or name of the producer or owner of the commodity and that...

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