Edison Bros. Stores, Inc. v. Clark

MARIS, Chief Judge.

The complainant owns and operates a chain of retail shoe stores in which women's hosiery is sold. It seeks in this action a declaratory judgment that Maximum Price Regulation No. 602,1 which establishes maximum prices for women’s nylon hosiery, is invalid in so far as it fixes such prices for sales by chain stores.

In G. R. Kinney Company v. Porter, 1946, 157 F.2d 683, 688, this court decided that MPR 602 was discriminatory and, therefore, invalid in so far as it established for chain stores a single set of maximum prices on women’s nylon hosiery regardless of whether the…