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HUBERMAN'S, INC., v. BARSKY ET AL.

72 Pa. D. & C. 265 (1950)

Huberman's, Inc., v. Barsky et al.

Common Pleas Court of Philadelphia County, Pennsylvania.

June 12, 1950.

Attorney(s) appearing for the Case

Edwin S. Malmed, for plaintiff.

Jay D. Barsky and Harry O. Weinburg, for defendants.

Opinion Sur Preliminary Objections

FLOOD, J., June 12, 1950.

The preliminary injunction must be refused, because plaintiff has no standing to bring this bill.

The suit is brought under the Pennsylvania Fair Trade Act of June 5, 1935, P.L. 266, as amended by the Act of June 12, 1941, P.L. 128, 73 PS § 7. Under the Act of 1935 violations of the act were actionable "at the suit of any person damaged thereby". The Amendment of 1941, however...

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