OLIN MATHIESON CHEMICAL CORP. v. SUPER CITY DEPT. STORES

No. 2 CA-CIV 381.

6 Ariz. App. 85 (1967)

430 P.2d 431

OLIN MATHIESON CHEMICAL CORPORATION, a corporation, Appellant, v. SUPER CITY DEPARTMENT STORES OF ARIZONA, INC., and Louis A. Cohn, Appellees.

Court of Appeals of Arizona.

Rehearing Denied July 25, 1967.

Review Denied September 26, 1967.


Attorney(s) appearing for the Case

Holesapple, Conner, Jones, McFall & Johnson, by G. Marshall Jones, Tucson, for appellant.

Miller & Pitt, by Daniel J. Leonard, Tucson, for appellees.


MOLLOY, Judge.

The sole question in this appeal is whether a contract entered into between the plaintiff-manufacturer and the defendant-retail store requiring the retailer to maintain a certain minimum retail sales price for rifles and guns manufactured and sold under the registered trademark "Winchester" is violative of the constitutional provision prohibiting business associations from entering into contracts "* * * to fix the prices * * * of any product or commodity...

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