GENERAL ELECTRIC COMPANY v. WENDER

Civ. A. No. 1868.

151 F.Supp. 621 (1957)

GENERAL ELECTRIC COMPANY, a corporation, Plaintiff, v. Morris Samuel WENDER, doing business as Modern Industries, Inc., Modern Industries and Wender's Credit Jewelry, Defendant.

United States District Court S. D. West Virginia.

May 6, 1957.


Attorney(s) appearing for the Case

F. Paul Chambers, Charleston, W. Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on the brief), for plaintiff.

William R. Laird, III, Fayetteville, W. Va., and Pat R. Hamilton, Oak Hill, for defendant.


MOORE, Chief Judge.

This is a civil action instituted by plaintiff for the purpose of obtaining an injunction against defendant to prevent retail sales by defendant of plaintiff's trade-marked products at less than the resale prices fixed by plaintiff in contracts with other retailers.

Plaintiff must prevail if at all by reason of the provisions of West Virginia's so-called "Fair Trade Act."

Defendant's answer raises the question of whether or not...

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