HERSHEY CHOCOLATE CORPORATION v. FEDERAL TRADE COMMISSION

No. 7103.

121 F.2d 968 (1941)

HERSHEY CHOCOLATE CORPORATION v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Third Circuit.

June 30, 1941.


Attorney(s) appearing for the Case

Bernard G. Segal, of Philadelphia, Pa., (Wm. A. Schnader, Howard S. McMorris, and Schnader & Lewis, all of Philadelphia, Pa., on the brief), for petitioner Berlo Vending Co.

Sol. A. Rosenblatt, and William B. Jaffe, both of New York City (Herman S. Rosenblatt, of New York City, on the brief), for petitioner Sanitary Automatic Candy Corporation.

M. Robert Sturman, of Chicago, Ill., for Confection Cabinet Corporation.

James W. Reynolds, of Harrisburgh, Pa. (Wellington S. Crouse, on the brief), for Hershey Chocolate Corporation.

Grosvenor Calkins, of Boston, Mass., for Kohler Swiss Chocolates Co. and another.

John Darsey, of Washington, D. C., (W. T. Kelley, Chief Counsel, Federal Trade Commission, and Joseph J. Smith, Jr., on the brief), for Federal Trade Commission.

Before MARIS, CLARK, and GOODRICH, Circuit Judges.


CLARK, Circuit Judge.

The Federal Trade Commission finds that two of the petitioners, Hershey Chocolate Corp., and Peter Cailler Kohler Swiss Chocolate Co., are manufacturers of chocolate bars which enjoy a greater consumer demand than any competing brands. By contract the petitioners' sale of these bars in a size suitable for the vending machine trade was restricted to the three largest operators of vending machines, Sanitary Automatic Candy Corp., Berlo Vending...

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