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HOUSE OF SEAGRAM, INC. v. ASSAM DRUG CO.

No. 10402.

159 N.W.2d 210 (1968)

The HOUSE OF SEAGRAM, INC., SEAGRAM DISTILLERS COMPANY DIVISION, Plaintiff and Appellant, v. The ASSAM DRUG COMPANY and Fred Assam, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied July 10, 1968.

Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Acie W. Matthews, Sioux Falls, for plaintiff and appellant.

Myrabo & Weisensee, Tony Weisensee, Lowell J. Noteboom, Canton, for defendants and respondents.

RENTTO, Judge.

Plaintiff is the manufacturer and exclusive distributor to a wholesaler located in South Dakota of certain alcoholic beverages which bear its trademark, brand or name. Such wholesaler sells directly to the defendants and to other retailers in the state. Plaintiff entered into contractual arrangements with various South Dakota retailers as authorized under our Fair Trade Law, SDC Ch. 54.04, which agreements provided minimum retail resale prices below...

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