BRISTOL-MYERS CO. v. TISCHAUSER

No. 809-S.

18 F.Supp. 228 (1936)

BRISTOL-MYERS CO. v. TISCHAUSER et al.

District Court, S. D. California, Central Division.

February 28, 1936.


Attorney(s) appearing for the Case

Young, Lillick, Olson & Kelly, of Los Angeles, Cal., and Landels, Weigel & Crocker, of San Francisco, Cal., for complainant.

Musick & Burrell, of Los Angeles, Cal., for respondents.


STEPHENS, District Judge.

Complainant asks that a temporary injunction issue under the provisions of the so-called California Fair Trade Act (Statutes of California 1931, c. 278, p. 583, as amended 1933, c. 260, p. 793).

In brief and very generally the statute in question strikes at the below cost "leader" sale by prohibiting the retailing of factory marked goods in competition, through regular course of business at less than factory fixed prices, either by...

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