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ELI LILLY AND COMPANY v. WEST CHESTER DISCOUNT HEALTH & VITAMIN CENTER (03/26/64)

THE SUPREME COURT OF PENNSYLVANIA


March 26, 1964

ELI LILLY AND COMPANY, APPELLANT,
v.
WEST CHESTER DISCOUNT HEALTH & VITAMIN CENTER, INC.

Appeal, No. 105, Jan. T., 1964, from decree of Court of Common Pleas of Chester County, 1963 Term, No. 1618, in equity, in case of Eli Lilly and Company v. West Chester Discount Health & Vitamin Center, Inc. Decree affirmed.

COUNSEL

Henry T. Reath, with him John M. Ross, G. Clinton Fogwell, Jr., and Duane, Morris & Heckscher, and Reilly & Fogwell, for appellant.

Samuel M. Tollen, with him Theodore R. Griffith, for appellee.

Before Jones, Cohen, O'brien and Roberts, JJ.

[ 414 Pa. Page 107]

OPINION PER CURIAM

This action under the Pennsylvania Fair Trade Act by a manufacturer-vendor to restrain a non-signerretailer from selling the manufacturer's products at prices below those stipulated in existing contracts is governed by Olin Mathieson Chemical Corp. v. White Cross Stores, Inc., 414 Pa. 95, 199 A.2d 266 (1964).

Mr. Justice JONES dissents.

Disposition

Decree affirmed. Each party to pay own costs.

19640326

© 1998 VersusLaw Inc.



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