MILES LABORATORIES v. ECKERD


73 So.2d 680 (1954)

MILES LABORATORIES, Inc. v. ECKERD et al.

Supreme Court of Florida. En Banc.

Rehearing Denied April 26, 1954.


Attorney(s) appearing for the Case

Hervey Yancey, Miami, Fowler, White, Gillen, Yancey & Humkey, Tampa, Verne G. Cawley, Philip E. Byron, Jr. (of Cawley, Harper, Slabaugh & Byron), Elkhart, Ind., for appellant.

Shackleford, Farrior, Shannon & Stallings, Tampa, for appellees.

John D. Harris of Harris, Barrett, McGlothlin & Dew, William S. Fielding, of Grazier, Fielding, Greene & Coit, St. Petersburg, amicus curiae.


TERRELL, Acting Chief Justice.

Appellant, a manufacturer of Alka Seltzer, filed an amended bill of complaint, praying that Chapter 25204, Acts of 1949, Chapter 541, Florida Statutes 1951, F.S.A. § 541.001 et seq., better known as Florida Fair Trade Act, be enforced against appellees. Defendant moved to dismiss on a multitude of grounds among which were, that the Fair Trade Act is unconstitutional and void, in that it violates (1) public policy, (2) it bears no...

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