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McKESSON & ROBBINS, INC. v. GOVERNMENT EMP. DEPT. ST.

365 S.W.2d 890 (1963)

McKESSON & ROBBINS, INC., Mead Johnson & Company and Garland McCain, et al., Intervenors, v. GOVERNMENT EMPLOYEES DEPARTMENT STORE, Inc., Dixiemart Drug Department, Inc., and Government Employees Dixiemart, Inc.

Supreme Court of Tennessee.

Rehearing Denied April 3, 1963.

Attorney(s) appearing for the Case

George T. Lewis, Jr., Milburn K. Noell, Jr., Memphis, Waring, Walker, Cox & Lewis, Memphis, of counsel, for appellants, McKesson & Robbins, Inc., and Mead Johnson & Co.

Irving M. Strauch, Memphis, Strauch & Jones, Memphis, of counsel, for appellants-intervenors.

Irvin Bogatin, Richard Kremer, Memphis, Rosenfield, Borod, Fones & Bogatin, Memphis, of counsel, for appellee.

BURNETT, Chief Justice.

This is a declaratory judgment action seeking to declare Chapter 58 of the Public Acts of 1937, now codified as sec. 69-201 to sec. 69-205, inclusive, T.C.A., known as the Fair Trade Law unconstitutional. The Chancellor held the Act unconstitutional because it was "an unlawful exercise of police power." Appeals have been seasonably perfected by all adverse parties, excellent briefs filed and arguments heard, and, after considerable thought...

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