Legal Opinion

Trade Commission v. Bush

Utah Supreme Court

Decided July 15, 1953No. 7783PublishedCited by 8 opinions

1Opinion of the Court

HENRIOD, Justice.

Appeal from an injunction restraining Bush, Ogden grocer, from selling goods below cost as defined in the Unfair Practices Act.1 Reversed.

Bush assails the findings and judgment as unsupported in fact or law. Specifically, that (1) no case was made showing that Bush sold below cost, either from a “cost” or “price” viewpoint, or that he had the intent to violate the act; and (2) that the Unfair Practices Act offends against the equal protection and due process clauses of the federal and state constitutions.2 A third contention that *304the Retail Grocers Association, intervenor,…

2Cases cited17 opinions

  1. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
  2. Wholesale Tobacco Dealers Bureau of Southern California, Inc. v. National Candy & Tobacco Co.California Supreme Court · 1938
  3. People v. FriedmanNew York Court of Appeals · 1950
  4. Bristol-Myers Co. v. Lit Bros., Inc.Supreme Court of Pennsylvania · 1939
  5. Ex Parte DrexelCalifornia Supreme Court · 1905

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3Cited by8 opinions

  1. Simonetti, Inc. v. State Ex Rel. GallionSupreme Court of Alabama · 1961
  2. Safeway Stores, Inc. v. Oklahoma Retail Grocers Ass'nSupreme Court of Oklahoma · 1957
  3. Hogue v. Kroger Co.Tennessee Supreme Court · 1962
  4. Colgate-Palmolive Co. v. Max Dichter & Sons, Inc.District Court, D. Massachusetts · 1956
  5. Glaser v. DownesNew Jersey Superior Court Appellate Division · 1972

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