MEAD JOHNSON & CO. v. G-E-X


37 Misc.2d 491 (1963)

Mead Johnson & Company, Plaintiff, v. G-E-X Inc. of Albany, Defendant.

Supreme Court, Trial Term, Albany County.

January 2, 1963


Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols (David Sterling Williams of counsel), for plaintiff. George Myers, Louis Flato and Jesse H. Brenner for defendant.


ISADORE BOOKSTEIN, J.

This is an action for a permanent injunction to restrain defendant from violating the Fair Trade Law of this State, to wit, article XXIV-A of the General Business Law, and is brought pursuant to section 369-b thereof.

The following facts are not disputed:

Defendant is a noncontracting retailer. The licensee of its drug department has made sales of plaintiff's products at...

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