March 26, 1964
Appeals, Nos. 298 and 299, Jan. T., 1963, from decrees of Court of Common Pleas No. 4 of Philadelphia County, March T., 1961, No. 897, in case of Abbott Laboratories v. Herbert Breggar and Irving Breggar, individually and trading as Lakoff & Co. Decrees reversed.
Wilbur Greenberg, with him Charles M. Golden, and Miller, Pincus & Greenberg, for appellants.
Francis Hopkinson, with him Morris R. Brooke, and Drinker, Biddle & Reath, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
[ 414 Pa. Page 108]
OPINION PER CURIAM
In Olin Mathieson Chemical Corp. v. White Cross Stores, Inc., 414 Pa. 95, 199 A.2d 266 (1964), we held that the Pennsylvania Fair Trade Act, as applied to non-signers of price maintenance contracts, is unconstitutional. That decision is dispositive of the instant appeals.
Mr. Chief Justice BELL and Mr. Justice JONES dissent.
Decrees reversed. Each party to pay own costs.
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