ABBOTT LAB. v. BREGGAR, 414 Pa. 107 (1964)

199 A.2d 272

Abbott Laboratories v. Breggar, Appellant.

Supreme Court of Pennsylvania.January 21, 1964.
March 26, 1964.

Restraint of trade — Price fixing — Minimum retail price — Constitutional law — Constitution of Pennsylvania — Article II, § 1 — Act of June 5, 1935, P. L. 266.

Olin Mathieson Chemical Corporation v. White Cross Stores, Inc., 414 Pa. 95, followed.

Mr. Chief Justice BELL and Mr. Justice JONES dissented.

Argued January 21, 1964. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

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.

Page 108

Equity. Before BROWN, JR., P. J., and ALEXANDER, J.

Adjudication filed issuing injunction against defendants, defendants’ exceptions dismissed and final decrees entered. Defendants appealed.

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.

OPINION PER CURIAM, March 26, 1964:

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.

Decrees reversed. Each party to pay own costs.

Mr. Chief Justice BELL and Mr. Justice JONES dissent.