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HUD. DISTRIBS, v. UPJOHN CO.

Nos. 37320 and 37321.

174 Ohio St. 487 (1963)

HUDSON DISTRIBUTORS, INC., APPELLANT, v. THE UPJOHN CO., APPELLEE. HUDSON DISTRIBUTORS, INC., APPELLANT, v. ELI LILLY & CO., APPELLEE.

Supreme Court of Ohio.

Decided May 8, 1963.

Attorney(s) appearing for the Case

Messrs. Lane, Krotinger & Santora, for appellant.

Messrs. Vorys, Sater, Seymour & Pease, Mr. James A. Gorrell, Mr. Herbert R. Brown, Messrs. Rogers, Hoge & Hills, Mr. George M. Chapman, Messrs. Thompson, Hine & Flory, Mr. Andrew C. Hartzell, Jr., and Mr. Robert C. Carson, for appellee in case No. 37320.

Messrs. Henderson, Quail, Schneider & Peirce and Mr. James I. Huston, for appellee in case No. 37321.

GRIFFITH, J.

In Union Carbide & Carbon Corp. v. Bargain Fair, Inc. (1958), 167 Ohio St. 182, we determined that a prior Fair Trade Act (1936) containing a nonsigner provision was invalid. The syllabus reads:

"Section 1333.07, Revised Code, a part of the Ohio Fair Trade Act, which prohibits those who are not parties to a price-fixing contract between the producer of a trademarked commodity and another...

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