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ESSO STANDARD OIL COMPANY v. SECATORE'S, INC.

No. 5188.

246 F.2d 17 (1957)

ESSO STANDARD OIL COMPANY, Plaintiff, Appellant, v. SECATORE'S, Inc., Defendant, Appellee.

United States Court of Appeals First Circuit.

Rehearing Denied June 14, 1957.

Attorney(s) appearing for the Case

Robert W. Meserve, Boston, Mass., with whom Charles W. Bartlett, John R. Hally, Austin Broadhurst, Nutter, McClennen & Fish and Ely, Bartlett, Thompson & Brown, Boston, Mass., were on brief, for appellant.

Albert U. Rosa, Boston, Mass., for appellee.

Before WOODBURY and HARTIGAN, Circuit Judges, and ALDRICH, District Judge.

WOODBURY, Circuit Judge.

This appeal is from a judgment dismissing a complaint in a suit brought under federal diversity jurisdiction to enjoin a "non-signer" retailer from selling the plaintiff's Esso and Esso Extra gasolines in Massachusetts for less than the minimum retail prices established therefor in fair-trade agreements entered into by the plaintiff with third party retailers pursuant to the Massachusetts Fair Trade Law, Mass. G.L. c. 93, §...

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