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LIONEL CORPORATION v. KLEIN

114 A.2d 652 (1955)

The LIONEL CORPORATION, a corporation of the State of New York, Plaintiff, v. Phil KLEIN, trading as Phil's Distributors, Defendant.

Court of Chancery of Delaware, New Castle.

June 9, 1955.

Attorney(s) appearing for the Case

Thomas Cooch (of Connolly, Cooch & Bove), Wilmington, for plaintiff.

David Snellenburg, II (of Killoran & VanBrunt), Wilmington, for defendant.

SEITZ, Chancellor.

This is the decision after final hearing on plaintiff-corporation's complaint charging defendant with violation of the Delaware Fair Trade Act1 in the sale of plaintiff's products. At the close of the trial, the Court ruled from the bench that the defendant was clearly guilty of violating the Act and that the only question for decision was whether the defendant had sustained one or more of his other defenses to the action...

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