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HUERBINGER DRUG CO. v. TOPP'S

Gen. No. 48,222.

28 Ill. App.2d 336 (1960)

170 N.E.2d 653

Huerbinger Drug Company of Glenview, an Illinois Corporation, Niles Drugs, Inc., an Illinois Corporation, and Phil Sacks, d/b/a Phil Sacks Drugs, Plaintiffs-Appellees, v. Topp's of Niles, Inc., an Illinois Corporation, and Darby Sales Company, an Illinois Corporation, Defendants. On Appeal of Darby Sales Company, an Illinois Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied and opinion modified December 22, 1960.

Attorney(s) appearing for the Case

Block and Solomon, of Chicago (Milton H. Solomon, Irving L. Block, and Kenneth H. Denberg, of counsel) for appellant.

Robert Marks and William S. Kaplan, of Chicago (Marks, Marks & Kaplan, Herman S. Waller, of counsel) for appellees.

MR. PRESIDING JUSTICE KILEY delivered the opinion of the court.

Plaintiffs, retail druggists, seek a permanent injunction to restrain defendants, also retail druggists, from violation of the Illinois Fair Trade Act. Ill. Rev. Stat., ch. 121 1/2, secs. 188-190 (1959). They were denied relief as to Topp's of Niles, Inc., but the Chancellor granted a temporary injunction restraining Darby Sales Company from selling certain drug products below Fair Trade prices. Darby...

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