199 A.2d 271
Supreme Court of Pennsylvania.November 19, 1963.
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. Justice JONES dissented.
Argued November 19, 1963. Before JONES, COHEN, O’BRIEN and ROBERTS, JJ.
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.
Equity. Before KURTZ, JR., J.
Decree entered refusing to grant preliminary injunction against defendant. Plaintiff appealed.
Page 107
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.
OPINION PER CURIAM, March 26, 1964:
This action under the Pennsylvania Fair Trade Act by a manufacturer-vendor to restrain a non-signer-retailer 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).
Decree affirmed. Each party to pay own costs.
Mr. Justice JONES dissents.