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PARKE, DAVIS & COMPANY v. JANEL SALES CORP.

No. 223, Docket 28532.

328 F.2d 105 (1964)

PARKE, DAVIS & COMPANY, Plaintiff-Appellee, v. JANEL SALES CORP., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 19, 1964.

Attorney(s) appearing for the Case

George M. Chapman, New York City (Charles D. Snead, Jr., and Rogers, Hoge & Hills, New York City, on the brief), for plaintiff-appellee.

Herbert Plaut, New York City (Charles E. Scribner, and Scribner & Miller, New York City, on the brief), for defendant-appellant.

Before CLARK, SMITH and HAYS, Circuit Judges.

PER CURIAM.

In this action by a drug manufacturer to enjoin sales of drugs and related products by a retail drug store below so-called fair trade prices, the District Court for the Southern District of New York, Palmieri, J., found practices by defendant, a nonsigner of the fair trade agreements, in violation of the Miller-Tydings Amendment of Section 1 of the Sherman Act, 15 U.S.C. § 1, the McGuire Amendment of the...

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