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HOGUE v. KROGER COMPANY

373 S.W.2d 714 (1963)

Hugh H. HOGUE and John R. Knott, Individually and doing business as Hogue & Knott Super Market, Appellees, v. The KROGER COMPANY, Pic-Pac Operations, Inc., and National Food Stores of La., Inc., Defendants-Appellants.

Supreme Court of Tennessee.

Rehearing Denied January 8, 1964.

Attorney(s) appearing for the Case

A. Longstreet Heiskell, Frierson M. Graves, Jr., Memphis, of counsel, Shepherd, Heiskell, Williams, Wall & Kirsch, Memphis, for appellees.

James W. McDonnell, Jr., Memphis, of counsel, Canada, Russell & Turner, Memphis, for Kroger Co.

Taylor & Taylor, Memphis, for Pic-Pac Operations, Inc.

Clarence Clifton, Walter P. Armstrong, Jr., Memphis, for National Food Stores of La., Inc.

WHITE, Justice.

This appeal is from a declaratory decree of the chancellor. He construed certain portions of the "Tennessee Unfair Milk Sales Act" (T.C.A. §§ 52-331 through 52-334), and declared them constitutional as applied to the facts in the instant case.

Appellants are retail grocers who give trading stamps with their merchandise, including milk. Appellee is a retail grocer who does not give trading stamps.

It was averred and admitted...

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