Legal Opinion

Olin Mathieson Chemical Corp. v. Ontario Store of Price Hill

Ohio Supreme Court

Decided February 1, 1967No. 40137PublishedCited by 7 opinions

1Opinion of the CourtBrown, J.

This case concerns the constitutionality of the 1959 Ohio Fair Trade Act (Section 1333.27 et seq. Revised Code). It is a typical nonsigner fair-trade case, as were Union Carbide & Carbon Corp. v. Bargain Fair, Inc. (1958), 167 Ohio St. 182, and Hudson Distributors, Inc., v. Upjohn Co. (1963), 174 Ohio St. 487.

In the former case six members of this court held that former Section 1333.07, Revised Code, a part of the Fair Trade Act, constituted an unauthorized exercise of the police power in that there was no substantial relation between the act and the public safety, morals or general welfare.…

2Cases cited26 opinions

  1. Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
  2. Old Dearborn Distributing Co. v. Seagram-Distillers Corp.Supreme Court of the United States · 1936
  3. Max Factor & Co. v. KunsmanCalifornia Supreme Court · 1936
  4. Lilly Co. v. . SaundersSupreme Court of North Carolina · 1939
  5. Fowle v. ParkSupreme Court of the United States · 1889

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3Cited by7 opinions

  1. Arnold v. City of ClevelandOhio Supreme Court · 1993
  2. Bernardini v. Board of EducationOhio Supreme Court · 1979
  3. Greater Fremont, Inc. v. City of FremontDistrict Court, N.D. Ohio · 1968
  4. Vance v. St. Vincent Hospital & Medical CenterOhio Supreme Court · 1980
  5. House of Seagram, Inc. v. Assam Drug CompanySouth Dakota Supreme Court · 1970

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