CORNING GLASS WORKS v. MAX DICHTER CO.

No. 4837.

102 N.H. 505 (1960)

CORNING GLASS WORKS v. MAX DICHTER COMPANY, INC. AND MAN-BUR SALES, INC.

Supreme Court of New Hampshire.

Decided May 31, 1960.


Attorney(s) appearing for the Case

Devine, Millimet & McDonough (Mr. Shane Devine orally), for the plaintiff.

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Langdell orally), and Walter D. Ford (of Delaware) for E. I. duPont de Nemours & Company as amicus curiae.

McLane, Carleton, Graf, Greene & Brown (Mr. Greene orally), for the defendants.


BLANDIN, J.

I. The first issue before us is whether our Fair Trade Law (RSA ch. 357) violates the due process clause of our Constitution, Pt. I, Art. 15th.

The Law provides in substance that no contract which relates to the sale or resale of a commodity bearing a trademark or the producer's name and which is in "fair and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the state...

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