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SCHERING CORPORATION v. SUN RAY DRUG CO.

No. 14256.

320 F.2d 72 (1963)

SCHERING CORPORATION v. SUN RAY DRUG CO., a Pennsylvania Corporation and Consolidated Sun Ray, Inc., a Delaware Corporation, Appellants.

United States Court of Appeals Third Circuit.

Decided July 8, 1963.

Attorney(s) appearing for the Case

Myron Harris, Philadelphia, Pa., for appellants.

Abraham M. Lowenthal, New York City (James F. McMullan, James F. McMullan, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., Leon G. Telsey, Telsey & Lowenthal, New York City, on the brief), for appellee.

Before BIGGS, Chief Judge and KALODNER and FORMAN, Circuit Judges.

KALODNER, Circuit Judge.

This appeal from the District Court's Order granting a preliminary injunction restraining defendant from selling Coricidin, plaintiff's trademarked product, below its fair trade price, in unfair competition as that term is defined in the Pennsylvania Fair Trade Act,1 presents two issues:

(1) Did the District Court err in finding that the requisite jurisdictional amount of $10,000 has been established?<...

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