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HOUSE OF SEAGRAM, INC. v. MARCO SUPERMARKETS, INC.

No. 2 CA-CIV 351.

6 Ariz. App. 83 (1967)

430 P.2d 429

HOUSE OF SEAGRAM, INC., a Delaware corporation, Appellant, v. MARCO SUPERMARKETS, INC., an Arizona corporation, Appellee. HOUSE OF SEAGRAM, INC., a Delaware corporation, Appellant, v. SUPER CITY DEPARTMENT STORES OF ARIZONA, INC., an Arizona corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied July 25, 1967.

Review Denied September 26, 1967.

Attorney(s) appearing for the Case

Boyle, Bilby, Thompson & Shoenhair, by Michael Lacagnina, Tucson, for appellant.

Russo, Cox & Dickerson, by Vernon F. Dickerson, and Charles J. Rondelli, Tucson, for appellee Marco Supermarkets.

Miller & Pitt, by Daniel J. Leonard, Tucson, for appellee Super City Department Stores.

MOLLOY, Judge.

The sole question presented in this appeal is whether Arizona's Fair Trade Practices Act, A.R.S. § 44-1421 et seq., is a violation of Article 14, Section 15, of the Constitution of the State of Arizona, A.R.S.

Article 14, Section 15, of the Constitution reads as follows:

"Monopolies and trusts shall never be allowed in this State and no incorporated company, co-partnership or association of persons in this State shall directly...

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