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G.E.M. SUNDRIES COMPANY v. JOHNSON & JOHNSON, INC.

No. 16396.

283 F.2d 86 (1960)

G.E.M. SUNDRIES COMPANY, Inc., Appellant, v. JOHNSON & JOHNSON, INC., Appellee.

United States Court of Appeals Ninth Circuit.

August 12, 1960.

Attorney(s) appearing for the Case

R. G. Dodge, Honolulu, Hawaii, Marvin G. Burns, Beverly Hills, Cal., for appellant, Heen, Kai & Dodge, Honolulu, Hawaii, of counsel.

Frank D. Padgett, Honolulu, Hawaii, for appellee, Robertson, Castle & Anthony, Honolulu, Hawaii, of counsel.

Before POPE, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge.

This appeal is taken from the Supreme Court of the Territory (now State) of Hawaii, pursuant to 28 U.S.C. § 1293. It concerns the validity of the Hawaii Fair Trade Act (§§ 205-21, 205-25, Revised Laws of Hawaii, 1955), which legalizes contracts by which manufacturers of trademarked goods bind retailers, both contracting and non-contracting, to maintain resale prices fixed by the manufacturer in the accepted contracts. Appellant...

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