MEAD JOHNSON & CO. v. R. H. MACY & CO.


28 Misc.2d 322 (1960)

Mead Johnson & Company, Plaintiff, v. R. H. Macy & Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

October 14, 1960


Attorney(s) appearing for the Case

White & Case (Melvin H. Osterman, Jr., of counsel), for plaintiff. Marvin Fenster and Thomas V. Kelly for defendant.


GEORGE TILZER, J.

This is a motion to restrain defendant pendente lite from selling products bearing plaintiff's name, brands and trade-mark below the established price.

Pursuant to the General Business Law (§ 369-a et seq.) plaintiff entered into agreements with retail druggists in the State of New York under which plaintiff did stipulate minimum retail resale prices for its products. Specifically, this proceeding involves...

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