Legal Opinion
Sunbeam Corp. v. Gem Jewelry Co.
District Court, D. Hawaii
Decided November 19, 1957No. Civ. No. 1589PublishedCited by 3 opinions
1Opinion of the Court
Ruling Upon Motion to Dismiss
I have before me a motion to dismiss a complaint setting forth two alleged causes of action under the Hawaiian Fair Trade Act (Revised Laws of Hawaii 1955, Chapter 205), one for injunction and one for damages. Plaintiff has alleged diversity of citizenship and the $3,000 jurisdictional amount. Under the Hawaiian Fair Trade law Sunbeam products manufactured by the plaintiff corporation are fair-traded in this District. Despite that law, defendants who have not signed a fair trade agreement with Sunbeam but who have been given notice of such agreements after they…
2Cases cited5 opinions
- Schwegmann Bros. v. Calvert Distillers Corp.Supreme Court of the United States · 1951
- KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
- Seagram-Distillers Corporation, a Delaware Corporation v. New Cut Rate Liquors, Inc.Court of Appeals for the Seventh Circuit · 1957
- General Electric Company v. Masters Mail Order Company of Washington, D.C., Inc.Court of Appeals for the Second Circuit · 1957
- Auto Rental Co. v. LeeHawaii Supreme Court · 1939
3Cited by3 opinions
- Gillette Co. v. MasterSupreme Court of Pennsylvania · 1962
- Norman's on the Waterfront, Inc. v. WheatleyDistrict Court, Virgin Islands · 1970
- Upjohn Co. v. Barbarand Merchandise Corp.District Court, S.D. Florida · 1960