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W., WEIR & BARTEL v. CARTER PAINT

25 N.Y.2d 535 (1969)

West, Weir & Bartel, Inc., Respondent, v. Mary Carter Paint Company, Appellant.

Court of Appeals of the State of New York.

Decided December 11, 1969.

Attorney(s) appearing for the Case

Adelbert C. Matthews, Jr. and Kenneth F. Astarita for appellant.

A. Walter Socolow and Max E. Lynne for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI and GIBSON concur with Judge JASEN; Judge BERGAN dissents and votes to affirm on the opinion at the Appellate Division (); Judge BREITEL taking no part.

JASEN, J.

Mary Carter Paint Company (Mary Carter) is a manufacturer and distributor of paint and related products which in 1961 were sold at retail through approximately 600 franchised dealers and 80 company-owned stores located in 36 States throughout the country.

For a number of years prior to 1961, Mary Carter handled the advertising for its own stores. However, each franchise dealer placed his own...

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