DART DRUG CORPORATION v. PARKE, DAVIS & COMPANY

Civ. A. No. 128-62.

221 F.Supp. 948 (1963)

DART DRUG CORPORATION et al., Plaintiffs, v. PARKE, DAVIS & COMPANY, Defendants.

United States District Court District of Columbia.

September 27, 1963.


Attorney(s) appearing for the Case

Frederick T. M. Crowley, Washington, D. C., for plaintiffs.

Roberts B. Owen, Washington, D. C., for defendants.


HOLTZOFF, District Judge.

This is an action for triple damages under the Sherman Act. It is before the Court at this time on cross-motions for summary judgment, both sides conceding that there are no material issues of fact and that only a question of law is presented. The action arises out of a refusal by a manufacturer of drugs and similar commodities to sell to a particular retail dealer who resells to consumers at prices considerably lower than the manufacturer...

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