Dr. Miles Medical Co. v. John D. Park & Sons Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. This is a bill by manufacturers of proprietary medicines who put them upon the market under a system of contracts intended to maintain the prices fixed by them. There are two forms of these contracts, one with wholesalers and another with retailers. Like contracts, it is claimed, have been made and signed by nearly all jobbers and retailers in the United States who deal in such goods.
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Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. This is a bill by manufacturers of proprietary medicines who put them upon the market under a system of contracts intended to maintain the prices fixed by them. There are two forms of these contracts, one with wholesalers and another with retailers. Like contracts, it is claimed, have been made and signed by nearly all jobbers and retailers in the United States who deal in such goods. These contracts are sot. out at the close of the opinion. The defendant company refuses to enter into any such agreement,…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). We see no substantial difference between the systems of contracts under which the Dr. Miles Medical Company is now conducting its business and that under which Dr. Hartman carried on his business as a manufacturer of Peruna, considered by this court at length in the case of Jno. D. Park & Sons v. Hartman, 153 Fed. 24, 82 C. C. A. 158, 12 L. R. A. (N. S.) 1135. That case is pending, undecided, in the Supreme Court. The complainant’s very learned counsel was the counsel for Hartman in that case, and both systems of contracts are most probably the fruit of his…
2Cases cited7 opinions
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Mack v. Drummond Tobacco Co.Nebraska Supreme Court · 1896
- Peoria Manufacturing Co. v. Lyons ex rel. David Bradley Manufacturing Co.Illinois Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. General Electric Co.Supreme Court of the United States · 1926
- Grogan v. ChaffeeCalifornia Supreme Court · 1909
- Fisher Flouring Mills Co. v. SwansonWashington Supreme Court · 1913
- D. Ghirardelli Co. v. HunsickerCalifornia Supreme Court · 1912
- W. H. Hill Co. v. Gray & WorcesterMichigan Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.