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COMMONWEALTH v. ELI LILLY & CO.

439 Pa. 268 (1970)

Commonwealth v. Eli Lilly and Company, Appellant.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

Henry T. Reath, with him Sanford D. Beecher, and Duane, Morris & Hecksher, for appellant.

Vincent X. Yakowicz, Deputy Attorney General, with him Eugene J. Anastasio, Deputy Attorney General, and William C. Sennett, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE COHEN, July 2, 1970:

Eli Lilly and Company (Lilly) is an Indiana corporation engaged in the production of biological and pharmaceutical products. In marketing these products Lilly follows a dual procedure in which a not-too-fine line is drawn between the actual selling and various promotional activities conducted by it. Virtually all of Lilley's sales are made by it to independent wholesale distributors with whom it has entered into franchising...

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