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GENERAL ELECTRIC CO. v. KLEIN

106 A.2d 206 (1954)

GENERAL ELECTRIC CO. v. KLEIN.

Supreme Court of Delaware.

June 9, 1954.

Attorney(s) appearing for the Case

John J. Morris, Jr., H. James Conaway, Jr., Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

John Van Brunt, David Snellenburg, II, of Killoran & Van Brunt, Wilmington, for defendant.

Thomas Cooch, of Connolly, Cooch & Bove, Wilmington, filed a brief as amicus curiae.

Before SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ.

SOUTHERLAND, Chief Justice.

There is presented to us the question of the constitutionality of the "non-signer" provisions of the Delaware Fair Trade Act, 6 Del.C. § 1906.

Plaintiff is a manufacturer of electrical appliances bearing its trademark. It has entered into contracts with retail merchants in Delaware providing that such retailers shall not sell certain of such products at prices below the minimum resale prices fixed in the contracts. Defendant...

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