(DOWNLOAD) "Sunbeam Corp. v. Wentling." by United States Court of Appeals for the Third Circuit # eBook PDF Kindle ePub Free

June 11, 2021

eBook details

Title: Sunbeam Corp. v. Wentling.
Author : United States Court of Appeals for the Third Circuit
Release Date : January 01, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

GOODRICH, Circuit Judge: This case is before us for the second time. It was previously reported in 185 F.2d 903 and the opinion there gives the background of the case. It is here again because of the Supreme Court decision in Schwegmann Brothers v. Calvert Distillers Corp., 341 U.S. 384 (1951). That decision held that a retailer who did not sign a contract for price maintenance is not to be subjected to the schedule of a price maintenance plan.In our former decision we denied Sunbeam protection against Wentling in interstate sales but did affirm the granting of the injunction against intrastate sales at less than the price Sunbeam had fixed. It is now clear in view of the Supreme Court decision that even when we cut down the protection Sunbeam wanted we still gave it more than it should have had. The Supreme Courts conclusion is perfectly clear. One who does not sign a price maintenance contract cannot be subjected to the non-signer provisions of a state fair trade law where interstate commerce is involved. So it would seem, then, that Sunbeam is entitled to no protection at all against Wentling, a non-signer.