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ELI LILLY & CO. v. SCHWEGMANN BROS. GIANT SUPER MARKETS

Civ. No. 3678.

109 F.Supp. 269 (1953)

ELI LILLY & CO. v. SCHWEGMANN BROS. GIANT SUPER MARKETS et al.

United States District Court E. D. Louisiana, New Orleans Division.

January 13, 1953.

Attorney(s) appearing for the Case

Chaffe, McCall, Toler & Phillips, New Orleans, La., Root, Ballantine, Harlan, Bushby & Palmer, New York City, Harry McCall, Jr., New Orleans, La., Everett I. Willis and Ross Reid, New York City, for plaintiff.

Wisdom & Stone, John Minor Wisdom, Saul Stone and Paul O. H. Pigman, New Orleans, La., for defendant.

WRIGHT, District Judge.

The plaintiff, a manufacturer of drug products, seeks an injunction restraining the defendants, operators of two supermarkets in the City of New Orleans, from selling its products below the minimum retail sale price fixed pursuant to the Louisiana Fair Trade Act.1 Defendants, admitting sales in violation of the act, challenge its constitutionality as well as the constitutionality of the McGuire Act,

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