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SCHERING CORP. v. MARTIN WHOLESALE DISTRIBUTORS, INC.

Civ. A. No. 31979.

212 F.Supp. 325 (1962)

SCHERING CORPORATION, a New Jersey Corporation v. MARTIN WHOLESALE DISTRIBUTORS, INC., a Pennsylvania Corporation, a/k/a Wholesale City and Wholesale City Store.

United States District Court E. D. Pennsylvania.

December 28, 1962.

Attorney(s) appearing for the Case

James F. McMullan, James F. McMullan, Jr., of Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for plaintiff.

I. Raymond Kremer, Philadelphia, Pa., for defendant.

FREEDMAN, District Judge.

Plaintiff is engaged in the manufacture and sale of drugs and pharmaceutical products, among them a cold remedy "Coricidin". It seeks a preliminary injunction restraining defendant from selling Coricidin, which is a trademarked product, below its fair trade price.

At the hearing there was no dispute that plaintiff had established a fair trade price for its Coricidin products (N.T. 3), as required by the Pennsylvania Fair Trade Act...

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