HOFFMANN-LA ROCHE, INC. v. WEISSBARD


19 N.J. Super. 210 (1952)

88 A.2d 238

HOFFMANN-LA ROCHE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. MAX WEISSBARD AND HARRY WEISSBARD, INDIVIDUALLY AND TRADING AS WEISSBARD BROS., DEFENDANTS. JOHNSON & JOHNSON, A CORPORATION OF THE STATE OF NEW JERSEY, AND McKESSON & ROBBINS, INCORPORATED, A CORPORATION OF THE STATE OF MARYLAND, PLAINTIFFS, v. CHARMLEY DRUG CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 31, 1952.


Attorney(s) appearing for the Case

Mr. Joseph H. Stamler for the plaintiffs Hoffmann-LaRoche, Inc., and Johnson & Johnson (Messrs. Lorentz & Stamler, attorneys).

Mr. Walter F. Waldau for the plaintiff McKesson & Robbins (Messrs. Stryker, Tams & Horner, attorneys).

Mr. Sanford Freedman for the defendants Max Weissbard et al. (Messrs. Bilder, Bilder & Kaufman, attorneys; Mr. John M. Kaufman, on the brief).

Mr. Joseph Kraemer for the defendant Charmley Drug Co.


FREUND, J.S.C.

These two cases involve a common question of law. They have a common object and the issues save in one respect are identical. They were instituted to test the enforceability against non-signers of the Fair Trade Act, R.S. 56:4-3 et seq., by reason of the decision of the United States Supreme Court in Schwegmann Bros. v. Calvert Distillers Corp., 341 U.S. 384, 71 S.Ct. 745, 95 L.Ed. 1035 (1951...

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