Roth v. Great Atlantic & Pacific Tea Co.

UNDERWOOD, District Judge.

This is a suit in equity which originated in the Common Pleas Court of Franklin County, Ohio, and later was removed by the defendant to this Court.

The plaintiff, a retailer of cigarettes and other tobacco products, entered into a contract with a wholesaler of cigarettes wherein he agreed not to resell the cigarettes he purchased from the wholesaler for less than certain minimum prices, which contract is alleged to be authorized by the Ohio Fair Trade Act, Sections 6402-2 to 6402-9, inclusive, of the Ohio General Code. The contract recited that the wholesaler was…