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MILES LABORATORIES, INC. v. DAYTON VITAMIN & COSMETIC DIST.

No. 14466.

292 F.2d 59 (1961)

MILES LABORATORIES, INC., Plaintiff-Appellee, v. DAYTON VITAMIN & COSMETIC DISTRIBUTORS, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

Rehearing Denied July 25, 1961.

Attorney(s) appearing for the Case

Stanley A. Freedman, Dayton, Ohio, Smith & Schnacke, Dayton, Ohio, on brief, for appellee.

Myron N. Krotinger, Cleveland, Ohio, Mendelsohn, Krotinger, Lane, Santora & Shaw, Cleveland, Ohio, and Pickrel, Schaeffer & Ebeling, Dayton, Ohio, on brief, for appellant.

Before MILLER, Chief Judge, SIMONS, Senior Judge, and MARTIN, Circuit Judge.

PER CURIAM.

The Supreme Court of Ohio in Union Carbide & Carbon Corporation v. Bargain Fair, Inc., 167 Ohio St. 182, 147 N.E.2d 481, held the 1936 Ohio Fair Trade Act, Sections 1333.05 to 1333.10, R.C., to be in violation of the State Constitution to the extent that it prohibited persons who were not parties to a price fixing contract from selling at less than the price stipulated...

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