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OLIN MATHIESON C. CORP. v. WHITE C. STORES

414 Pa. 95 (1964)

Olin Mathieson Chemical Corporation v. White Cross Stores, Inc., Appellant.

Supreme Court of Pennsylvania.

March 26, 1964.

Attorney(s) appearing for the Case

James P. McArdle, with him Paul F. Laughlin, Edward I. Goldberg, and McArdle, Harrington & McLaughlin, for appellants.

Benjamin M. Quigg, Jr., with him Clyde P. Bailey, Angus M. Russell, Russell C. Dilks, and Weller, Wicks & Wallace, and Morgan, Lewis & Bockius, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, March 26, 1964:

The single question presented for determination by this appeal is the constitutionality of the Pennsylvania Fair Trade Act of June 5, 1935, P.L. 266, as amended, 73 P.S. § 7 et seq., as applied to the nonsigners of "Fair Trade" price maintenance contracts.

The corporate-plaintiff is the manufacturer of drugs, pharmaceuticals and other allied products, distributed under...

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