RUBBERMAID, INC. v. CLABER DISTRIBUTING CO.

No. 784774.

5 Ohio Misc. 125 (1964)

RUBBERMAID, INC., v. CLABER DISTRIBUTING CO. OF CLEVELAND, OHIO, INC.

Court of Common Pleas, Cuyahoga County.

Decided June 5, 1964.


Attorney(s) appearing for the Case

Messrs. Thompson, Hine & Flory, for plaintiff.

Messrs. Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern, for defendant.


HOOVER, J.

In this action the plaintiff seeks injunctive relief and damages because of defendant's alleged violation of the Ohio Fair Trade Act. The defendant demurs on the ground that the Act is unconstitutional. This court now overrules defendant's demurrer because it believes it is so fenced in that it can do nothing else.

This court is manacled by three things:

1. Our own Court of Appeals' decision holding that the Act is constitutional, Hudson...

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