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PARKER PEN COMPANY v. DART DRUG COMPANY

No. C-164-WS-60.

202 F.Supp. 646 (1962)

The PARKER PEN COMPANY, Plaintiff, v. DART DRUG COMPANY, Inc., Defendant.

United States District Court M. D. North Carolina, Greensboro Division.

February 8, 1962.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., George M. Chapman, Charles D. Snead, Jr., New York City, for plaintiff.

Wesley Bailey, Clyde C. Randolph, Jr., Winston-Salem, N. C., for defendant.

L. RICHARDSON PREYER, District Judge.

This is an action by the Parker Pen Company for an injunction against the defendant Dart Drug Co. Suit was brought under the North Carolina Fair Trade Act (General Statutes of North Carolina, § 66-52 et seq.), and the Federal Miller-Tydings Act (15 U.S.C.A. § 1 et seq.), and the McGuire Act (15 U.S. C.A. § 45). Plaintiff, the manufacturer of a line of writing instruments, seeks to enjoin the defendant from cutting...

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