Parker Pen Co. v. Dart Drug Co.

L. RICHARDSON PREYER, District Judge.

This is an action by the Parker Pen Company for an injunction against the defendant Dart Drug Co. Suit was brought under the North Carolina Fair Trade Act (General Statutes of North Carolina, § 66-52 et seq.), and the Federal Miller-Tydings Act (15 U.S.C.A. § 1 et seq.), and the McGuire Act (15 U.S.C.A. § 45). Plaintiff, the manufacturer of a line of writing instruments, seeks to enjoin the defendant from cutting the prices of its trade-marked products.

The agreed statement of facts indicates that plaintiff has qualified under *647the North Carolina Fair Trade…