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UNION CARBIDE & C. CORP. v. SKAGGS DRUG CENTER, INC.

No. 10067.

359 P.2d 644 (1961)

UNION CARBIDE AND CARBON CORPORATION, a corporation, Plaintiff and Respondent, v. SKAGGS DRUG CENTER, INC., a corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided February 10, 1961.

Attorney(s) appearing for the Case

Paul F. Potter, Salt Lake City, Utah, Howard A. Johnson and Keith P. Johnson, Butte, for appellant. Howard A. Johnson and Keith P. Johnson argued orally.

Luedke & Packwood, Billings, amicus curiae.

John W. Bonner, Helena, amicus curiae, John W. Bonner argued orally.

Jardine, Stephenson, Blewett & Weaver, Great Falls, amicus curiae.

Hall, Alexander & Kuenning, John H. Kuenning, Great Falls, Landels, Weigel & Ripley, Stanley Weigel, San Francisco, Cal., for respondent.

John H. Kuenning and Stanley Weigel argued orally.

CASTLES, Justice.

This is an appeal from a judgment of the district court of the eighth judicial district, in and for the county of Cascade, which adjudged and decreed that the defendant, Skaggs Drug Center, Inc., be permanently enjoined from advertising, offering for sale or selling, at prices below the minimum retail resale prices then fixed by fair trade agreements, the antifreeze product bearing the trademark of "Prestone", which is manufactured by the Union Carbide...

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