ROTHY'S QUALITY DRUGS v. TOWER'S MARTS

No. 11.

25 Pa. D. & C. 2d 726 (1961)

Rothy's Quality Drugs, Inc., v. Tower's Marts, Inc.

Common Pleas Court of Lackawanna County, Pennsylvania.

April 4, 1961.


Attorney(s) appearing for the Case

Morey M. Myers and Gelb, Carey & Myers, for plaintiff.

Nogi, O'Malley & Harris, for defendant.

Ronald M. Katzman and Carl Carey, for amicus curiae.

Before Hoban, P. J., Robinson and Nealon, JJ..


HOBAN, P. J., April 4, 1961.

This action is brought by a retailer against another retailer, to restrain defendant from selling competitive trademarked items under fair trade prices established between the manufacturers and certain retailers in the Commonwealth of Pennsylvania.

The complaint sets forth the contracts in question, notice to plaintiff, a nonsigner, of the existence of such contracts, and specifies that defendant has advertised and continues to...

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