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UNION CARBIDE & CARBON CORP. v. BARGAIN FAIR, INC.,

No. 35097.

167 Ohio St. 182 (1958)

UNION CARBIDE & CARBON CORP., APPELLEE, v. BARGAIN FAIR, INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 22, 1958.

Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. John J. Adams and Messrs. Blakely & Blakely, for appellee.

Messrs. Metzenbaum & Schwartz and Mr. Lester W. Donaldson, for appellants.

ZIMMERMAN, J.

The so-called Ohio Fair Trade Act was originally adopted in 1936. Those sections of the Revised Code which are pertinent here are as follows:

Section 1333.06. "(A) No contract relating to the sale or resale of a commodity which bears, or the label, container, or content of which bears, the trademark, brand, or name of the producer or of the owner of such commodity and which is in fair and open competition with commodities of the same general...

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