McKesson & Robbins, Inc. v. Government Employees Department Store, Inc.

This is a declaratory judgment action seeking to declare Chapter 58 of the Public Acts of 1937, now codified as sec. 69-201 to sec. 69-205, inclusive, T.C.A., known as the Fair Trade Law unconstitutional. The Chancellor held the Act unconstitutional because it was “an unlawful exercise of police power.” Appeals have been seasonably perfected by all adverse parties, excellent briefs filed and arguments heard, and, after considerable thought and investigation, we are now in a position to dispose of the matter.

The appellee is a closed-door membership department store, that is, an organization…