TOAL, J., March 15, 1955.
The court in this case was requested to sit as a committing magistrate to hear testimony against defendant under the Unfair Cigarette Sales Act. The Commonwealth seeks to convict defendant of a violation of the Act of May 20, 1949, P. L. 1584, 73 PS §231.1 et seq.
Section 231.3, Sales at Less Than Cost, provides:
(a) "It shall be unlawful for any retailer or wholesaler, with intent to injure competitors...
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