PARKE, DAVIS & COMPANY v. HEALTH CROSS STORES, INC.

No. 9733.

364 F.2d 214 (1966)

PARKE, DAVIS & COMPANY, a Michigan corporation, Appellee, v. HEALTH CROSS STORES, INC., and White Cross Health and Beauty Aid Discount Centers, Inc., Appellants.

United States Court of Appeals Fourth Circuit.

Decided July 28, 1966.


Attorney(s) appearing for the Case

Joseph L. Nellis and James Michael Bailey, Washington, D. C. (Stanley B. Frosh and Camalier, Frosh, Nellis & Dorsey, Washington, D. C., on the brief) for appellants.

James C. McKay, Washington, D. C. (Gerhard A. Gesell and Covington & Burling, Washington, D. C., on the brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


HAYNSWORTH, Chief Judge:

In their appeal, the defendants ask us to hold invalid the "nonsigner" provisions of the Maryland Fair Trade Act and the authorizing provisions of the McGuire Act because of asserted conflict with the constitutions of Maryland and of the United States. The tendered questions are settled. The answers have been proclaimed. We affirm the injunctive order proscribing sales of the branded products at prices below those specified in the fair trade...

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