Legal Opinion · Dissent

Lilly Co. v. . Saunders

Supreme Court of North Carolina

Decided September 27, 1939Published

1DissentBarnhill, J.

Tbe facts in this record, interpreted in connection with tbe legislation under consideration, are such that I find it impossible to concur in tbe majority opinion.

It is admitted that:

Plaintiff does not sell its commodities to retailers. It sells to wholesalers who in turn supply tbe retail dealers. It does not cater to tbe general retail trade in advertising its products to tbe consuming public, nor recommend nor encourage tbe resale of its products by retail druggists to members 'of tbe consuming public. Its policy of distribution is predicated upon tbe theory that medicinal products such as…

2Cases cited38 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  3. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  4. Field v. ClarkSupreme Court of the United States · 1892
  5. Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911

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