Citations
- 189 F. Supp. 348
Full opinion text
EGAN, District Judge.
This is a so-called “fair-trade” case. It is a companion ease to that of The Gillette Company v. Quakertown Sales Company, Inc., a/k/a Quakertown Farmers Market and Auction, and Rakway, Inc., Civil Action No. 26788. Both cases will be disposed of in accordance with this opinion.
On July 31, 1959, plaintiff brought an action in which it was alleged that the defendant had been violating the Fair Trade Act of Pennsylvania by selling certain of plaintiff’s products below the minimum retail prices established by the plaintiff under the provisions of said Act. The complaint sought a permanent injunction restraining the defendant, its agents or employees, from selling or offering for sale any of the plaintiff’s commodities at less than the minimum retail prices. Pending such final decree the complaint sought a preliminary injunction. A hearing was fixed for the preliminary injunction for August 10, 1959.
Prior to the time set for the hearing on preliminary injunction, plaintiff and defendant, through their respective counsel, entered into negotiations respecting a possible consent decree and the form thereof. It was finally agreed that a preliminary injunction would be entered by consent without a hearing, with the proviso that if the defendant did not file an answer within 60 days of the date on which such injunction was entered, the preliminary decree itself should become a final one. Such a preliminary injunction with stipulation of counsel' was therefore prepared and signed by counsel