ROTHBAUM v. MACY & CO.


280 A.D. 530 (1952)

Adolph Rothbaum, Respondent, v. R. H. Macy & Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1952.


Attorney(s) appearing for the Case

Kenneth M. Spence, Donald B. Smiley and Julius J. Teller for appellant.

Lewis L. Fawcett, Emil Greenberg, Bernhardt M. Meisels, Matthew Salonger and Abraham Sarason for respondent.

WENZEL, MacCRATE and SCHMIDT, JJ., concur; ADEL, J., concurs on the ground that the Feld-Crawford Act does not apply to a nonsignatory in respect of an article in interstate commerce; JOHNSTON, Acting P. J., not voting.


Per Curiam.

The defendant appeals from a judgment which perpetually enjoins it from advertising, offering for sale or selling at retail within New York State at less than established and stipulated retail prices in fair trade agreements any of the commodities manufactured by ten producers and distributed and sold by them and bearing their brands or trade-marks. The judgment was rendered upon a written stipulation of...

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