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MEAD JOHNSON & CO. v. WEST CHESTER DISCOUNT, HEALTH & VIT. C.

Civ. A. No. 31997.

212 F.Supp. 310 (1962)

MEAD JOHNSON & COMPANY v. WEST CHESTER DISCOUNT, HEALTH & VITAMIN CENTER, INC.

United States District Court E. D. Pennsylvania.

December 31, 1962

Attorney(s) appearing for the Case

Francis Hopkinson, Robert S. Ryan, of Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff.

Samuel M. Tollen, Chester, Pa., for defendant.

FREEDMAN, District Judge.

This is a fair trade case in which the plaintiff seeks a preliminary injunction against a retail discount store. The basic facts are undisputed.

A number of interesting questions are presented, each of which warrants separate consideration.

1. The fair trade contract which establishes the prices plaintiff seeks to maintain is with a pharmacy. Admittedly plaintiff sells none of its products to the pharmacy or to any other retailers...

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