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WARNER STORES COMPANY v. E. R. SQUIBB & SONS, INC.

219 A.2d 579 (1966)

WARNER STORES COMPANY, a corporation of the Commonwealth of Pennsylvania, Defendant Below, Appellant, v. E. R. SQUIBB & SONS, INC., a corporation of the State of Virginia, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 4, 1966.

Attorney(s) appearing for the Case

Nathan P. Michlin, Wilmington, and Sydney Finkelstein, Philadelphia, Pa., for defendant below, appellant.

C. Waggaman Berl, Jr., of Berl, Potter & Anderson, Wilmington, for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This appeal brings up again the question of the constitutionality of the "non-signer" provisions of the Delaware Fair Trade Act.1

The plaintiff, a drug manufacturer, brought an action seeking to enjoin the defendant, engaged in the retail drug business, from selling the plaintiff's products at less than the prices established by the plaintiff under the Delaware Fair Trade Act. The defendant was not a party to...

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