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BERGEN COUNTY PHARMACEUTICAL ASS'N. v. BARDEN

9 N.J. Super. 480 (1950)

75 A.2d 556

BERGEN COUNTY PHARMACEUTICAL ASSOCIATION, A CORPORATION NOT FOR PECUNIARY PROFIT OF THE STATE OF NEW JERSEY, PLAINTIFF, v. SAMUEL BARDEN, TRADING AS LLOYD'S CUT RATE, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided September 14, 1950.

Attorney(s) appearing for the Case

Mr. Joseph H. Stamler for the plaintiff (Messrs. Lorentz & Stamler, attorneys).

Mr. Louis A. Mounier, Jr., for the defendant.

FREUND, J.S.C.

The plaintiff, a corporation not for pecuniary profit, brings this suit under the Fair Trade Act, R.S. 56:4-3 et seq., to restrain the defendant, the operator of a retail cut-rate pharmacy, from selling certain products below the price established by the manufacturer. The defendant has moved to dismiss the complaint on a single point, namely, the right of the plaintiff to maintain the suit.

The complaint alleges that the plaintiff...

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