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CALVERT DISTILLERS COMPANY v. WISH

No. 12283.

259 F.2d 323 (1958)

CALVERT DISTILLERS COMPANY, a Corporation, etc., Plaintiff-Appellant, v. Frank A. WISH, doing business as Foremost Liquors, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied October 10, 1958.

Attorney(s) appearing for the Case

Patrick W. O'Brien, Louis A. Kohn, Chicago, Ill., Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., of counsel, for plaintiff-appellant.

Robert Karmel, Allen H. Schultz, Louis L. Biro, Chicago, Ill., Schultz, Biro & Karmel, Chicago, Ill., of counsel, for appellees.

Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Plaintiff's action to enjoin defendants from selling plaintiff's products below the prices fixed by plaintiff pursuant to the Illinois Fair Trade Act1 in defendants' retail liquor stores in Chicago, was dismissed by the district court for want of proof that the matter in controversy exceeds the sum of $3,000 exclusive of interest and costs.2 Plaintiff has made no claim for damages...

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