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AR-EX PRODUCTS CO. v. CAPITAL VITAMIN & COSMETIC CORP.

No. 6554.

351 F.2d 938 (1965)

AR-EX PRODUCTS CO., Plaintiff, Appellant, v. CAPITAL VITAMIN & COSMETIC CORP., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided October 29, 1965.

Attorney(s) appearing for the Case

Frank L. Kozol, Boston, Mass., with whom Lee H. Kozol, Thomas J. Ahern, Jr., and Friedman, Atherton, Sisson & Kozol, Boston, Mass., were on brief, for appellant.

Herbert D. Lewis, Boston, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and WYZANSKI, District Judge.

ALDRICH, Chief Judge.

This case presents the narrow question whether plaintiff-appellant, a manufacturer who under local law could otherwise enforce fair trade agreements against a nonsigner, General Electric Co. v. Kimball Jewelers, Inc., 1956, 333 Mass. 665, 132 N.E.2d 652, is precluded from so doing because as a matter of regular procedure it replied to individuals inquiring as to the availability...

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