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UPJOHN COMPANY v. BARBARAND MERCHANDISE CORP.

207 F.Supp. 585 (1960)

The UPJOHN COMPANY, Plaintiff, v. BARBARAND MERCHANDISE CORP., Defendant.

United States District Court S. D. New York.

July 16, 1960.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, for plaintiff.

W. Edward Woods, New York City, for defendant.

PALMIERI, District Judge.

This is an application for a preliminary injunction against defendant's sale of plaintiff's trade-marked products for less than the minimum fair-trade price. Jurisdiction is based on diversity of citizenship.

There is no dispute as to what occurred; defendant does not deny that its sales of plaintiff's products are in violation of the New York Fair Trade Act (Feld-Crawford Act), N.Y.General Business Law § 369-b, McKinney's Consol...

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