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UPJOHN COMPANY v. LIBERTY DRUG CO.

193 F.Supp. 701 (1959)

UPJOHN COMPANY, Plaintiff, v. LIBERTY DRUG CO., Inc., Defendant.

United States District Court S. D. New York.

On Motion to Reargue June 18, 1959.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, George M. Chapman, John A. Keeffe, New York City, of counsel, for plaintiff.

Friedman, Lipsig, Bernstein & Friedman, New York City, David Kaplan, New York City, of counsel, for defendant.

LEVET, District Judge.

This is a motion for a preliminary injunction to enjoin the defendant from advertising, offering for sale or selling at retail merchandise bearing plaintiff's trademarks or brand names for prices less than those stipulated in plaintiff's fair trade contracts in effect with certain retailers in the State of New York.

The plaintiff is a manufacturer of ethical pharmaceuticals and other drug...

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