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GEN. ELEC. CO. v. MASTERS, INC.

307 N.Y. 229 (1954)

General Electric Company, Respondent, v. Masters, Inc., Appellant. Lionel Corporation, Respondent, v. S. Klein on the Square, Inc., Appellant. Raxor Corporation et al., Respondents, v. Sam Goody, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1954

Attorney(s) appearing for the Case

Leon Lauterstein, Joseph F. Ruggieri, Jacob L. Isaacs and Paul C. Guth for appellant in first above-entitled action.

Sidney A. Diamond for appellant in second above-entitled action.

Abraham M. Lowenthal, Leon G. Telsey and Malcolm S. Mason for appellant in third above-entitled action.

Thomas Kiernan, Edgar Barton and Howard J. Aibel for respondent in first above-entitled action.

Matthew L. Salonger and Emil Greenberg for New York State Pharmaceutical Association, amicus curiæ in support of respondent's position in first above-entitled action.

Harry A. Gottlieb and N. H. Elman for respondent in second above-entitled action.

Ambrose Doskow, Howard Kaplan and Gerald D. Roth for Capitol Records, Inc., respondent in third above-entitled action.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FULD, JJ., concur; VAN VOORHIS, J., taking no part.

FROESSEL, J.

We are again confronted with an attack upon the so-called Feld-Crawford "Fair Trade Law" (General Business Law § 369-a et seq., L. 1935, ch. 976, re-enacted L. 1940, ch. 195). This statute first came before us for review in Doubleday, Doran & Co. v. Macy & Co. (269 N.Y. 272), decided January 7, 1936, wherein plaintiff Doubleday sought to enjoin Macy, a nonsigner of its fair trade agreements...

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