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NAT'L DISTILLERS CORP. v. SEYOPP CORP.

17 N.Y.2d 12 (1966)

National Distillers and Chemical Corporation, Respondent, v. Seyopp Corp., Appellant.

Court of Appeals of the State of New York.

Decided January 20, 1966.

Attorney(s) appearing for the Case

Lee H. Burton for appellant.

Emanuel Becker, Lester H. Schreiber and William B. Schreiber for respondent.

Judges FULD, BURKE and SCILEPPI concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents in an opinion in which Judges BERGAN and KEATING concur.

Chief Judge DESMOND.

The complaint demands an injunction and damages because of alleged violation by defendant of the New York State Fair Trade Law (General Business Law, art. XXIV-A) in that defendant, it is alleged, sold below fair traded prices whiskeys on which plaintiff owned the brand names and as to which price maintenance agreements were in effect. Defendant, operator of a retail liquor store in Manhattan...

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