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ESTERBROOK PEN COMPANY v. SAN JUAN F. VILARINO 5 Y 10

Civ. No. 9185.

144 F.Supp. 309 (1956)

The ESTERBROOK PEN COMPANY, Plaintiff, v. SAN JUAN F. VILARINO 5 Y 10, Inc. and 5 & 10 Vilarino, Inc., Defendants.

United States District Court D. Puerto Rico, San Juan Division.

September 10, 1956.

Attorney(s) appearing for the Case

C. R. Hartzell, R. O. Fernandez, V. M. Ydrach, Jaime Pieras, Jr., P. Juvenal Rosa and Jose L. Novas, San Juan, P. R., for plaintiff.

F. Ponsa Feliu, San Juan, P. R., for defendants.

RUIZ-NAZARIO, District Judge.

I

This is an action by plaintiff Esterbrook Pen Company of Camden, New Jersey to restrain "San Juan Vilarino Inc." and "5 & 10 Vilarino Inc." from selling Esterbrook pens at less than the so-called Fair Trade price established by plaintiff in certain Retailer Fair Trade Agreements with retailers other than defendants in Puerto Rico.

The pertinent provisions of the Fair Trade Act of Puerto Rico, Tit. 10, Secs. 281...

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