HOUSE OF SEAGRAM, INC. v. ASSAM DRUG COMPANY

No. 10662.

176 N.W.2d 491 (1970)

The HOUSE OF SEAGRAM, INC., Calvert Distillers Company, Central Division, Plaintiff and Appellant, v. ASSAM DRUG COMPANY and Fred Assam, Defendants and Respondents.

Supreme Court of South Dakota.

April 16, 1970.


Attorney(s) appearing for the Case

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

Myrabo & Weisensee, Tony Weisensee, Canton, John A. Shaeffer, Flandreau, for defendants and respondents.


HOMEYER, Judge.

This action was brought by the plaintiff to permanently enjoin the defendants from advertising, offering for sale, or selling certain alcoholic beverages distributed by it to South Dakota wholesalers and bearing the Calvert name, brand, or trademark, at less than minimum retail prices which it had established or would thereafter establish for such products pursuant to the South Dakota Fair Trade Law, SDCL 37-9.

The question presented for determination...

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