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SCOVILL MFG. CO. v. SKAGGS ETC. DRUG STORES

Docket Nos. S.F. 18830, 19068.

45 Cal.2d 881 (1955)

291 P.2d 936

SCOVILL MANUFACTURING COMPANY (a Corporation), Respondent, v. SKAGGS PAY LESS DRUG STORES (a Corporation), Appellant. (Two Cases.)

Supreme Court of California. In Bank.

December 29, 1955.

Attorney(s) appearing for the Case

Fitzgerald, Abbott & Beardsley and Edward B. Kelly for Appellant.

Kean & Ingram and Bernard E. Ingram for Respondent.

Landels & Weigel, Stanley A. Weigel and Herman T. Van Mell as Amici Curiae on behalf of Respondent.

SHENK, J.

This is an appeal by the defendant Skaggs Pay Less Drug Stores from a judgment in favor of the plaintiff Scovill Manufacturing Company in an action based on the Fair Trade Act of 1931 as amended in 1933 and 1941 (Bus. & Prof. Code, §§ 16900-16905). The plaintiff sought to enjoin the retail sale of its products at prices below those specified by it as the producer. There is also an appeal from a prior order granting a temporary injunction in...

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