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UNION CARBIDE CORPORATION v. DAVIS

No. 389.

116 S.E.2d 792 (1960)

253 N.C. 324

UNION CARBIDE CORPORATION v. John T. DAVIS, Individually, and Trading as D & J Market.

Supreme Court of North Carolina.

November 9, 1960.

Attorney(s) appearing for the Case

Blackwell, Blackwell & Canady, T. Winfield Blackwell, Jack F. Canady, Winston-Salem, for plaintiff, appellant.

Buford T. Henderson, Abner Alexander, Winston-Salem, for defendant, appellee.

T. W. Bruton, Atty. Gen., Ralph Moody, Asst. Atty. Gen., for the State, amicus curia.

HIGGINS, Justice.

The North Carolina Fair Trade Act, Chapter 66, Article 10, was enacted as Chapter 350, Public Laws of 1937. In Lilly & Co. v. Saunders, 216 N.C. 163, 4 S.E.2d 528, 125 A.L.R. 1308, this Court analyzed the purposes and effect of the Act. Controversy has existed over its constitutional validity. Arguments and authorities for and against are exhaustively treated in the opinion and in the dissent.

Courts must pass on constitutional questions...

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