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ABBOTT LABORATORIES v. BREGGAR (03/26/64)

THE SUPREME COURT OF PENNSYLVANIA


March 26, 1964

ABBOTT LABORATORIES
v.
BREGGAR, APPELLANT.

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.

COUNSEL

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.

Disposition

Decrees reversed. Each party to pay own costs.

19640326

© 1998 VersusLaw Inc.



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