BRISTOL-MYERS CO. v. PICKER


302 N.Y. 61 (1950)

Bristol-Myers Company, Appellant, v. Irving Picker et al., Copartners Doing Business under the Name of Picker Pharmacy, Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1950


Attorney(s) appearing for the Case

Gilbert H. Weil and Isaac W. Digges for appellant.

Charles Green Smith, Frances Kneitel, William S. Beinecke and Constantine Mittendorf for respondents.

LEWIS, CONWAY, DESMOND and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents in opinion in which LOUGHRAN, Ch. J., concurs.


FROESSEL, J.

This appeal presents to us a merchandising plan originated and extended by defendants-respondents, the legality of which we are to determine in the light of article XXIV-A of the General Business Law, more commonly referred to as the Fair Trade Law.

Plaintiff-appellant is a manufacturer and distributor of wellknown drug products and cosmetic articles...

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