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CORNING GLASS WORKS v. ANN & HOPE, INC. OF DANVERS

363 Mass. 409 (1973)

294 N.E.2d 354

CORNING GLASS WORKS vs. ANN & HOPE, INC. OF DANVERS (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1973.

Attorney(s) appearing for the Case

Erik Lund (Robert T. Harrington with him) for Corning Glass Works.

Manuel Katz for L C A Corporation, S.W. Farber Division.

Barry Ravech (George S. Abrams with him) for Ann & Hope, Inc. of Danvers.

Gordon T. Roberts for New England Hardware Dealers Association, amicus curiae, submitted a brief.

Donald B. Gould & Paul D. Weaver, for A.T. Cross Company, amicus curiae, submitted a brief.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & WILKINS, JJ.

BRAUCHER, J.

The plaintiff (Corning) brought suit under the so called Fair Trade Law, G.L.c. 93, §§ 14A-14D, to enjoin the defendant (Ann & Hope) from advertising, offering for sale or selling Corning products at prices less than the "fair trade" prices stipulated by Corning in its "fair trade" contracts with Massachusetts retailers. Ann & Hope, which had never made such a contract, filed a plea in bar asserting that the so called nonsigner provision...

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